Legal Opinion

Dempsey v. Newport Board of Adjustments

Court of Appeals of Kentucky

Decided March 28, 1997No. 95-CA-1250-MRPublishedCited by 4 opinions

1Opinion of the Court

COMBS, Judge.

Charles W. Dempsey brings this appeal from an April 19,1995, order of the Campbell Circuit Court affirming a decision of the Newport Board of Adjustment. We reverse and remand the judgment with directions.

This appeal involves the termination of a nonconforming use existing under the City of Newport’s zoning ordinance. Nonconforming use is authorized by KRS 100.253, an enabling act, which provides, in part, as follows:(1) The lawful use of a building or premises, existing at the time of the adoption of any zoning regulations affecting it may be continued, although such use does…

2Cases cited5 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Van Sant v. City of EverettCourt of Appeals of Washington · 1993
  3. Darlington v. Board of Councilmen of FrankfortCourt of Appeals of Kentucky (pre-1976) · 1940
  4. City of Middlesboro Planning Commission v. HowardKentucky Supreme Court · 1977
  5. Gates v. Jarvis, Cornette & PaytonCourt of Appeals of Kentucky (pre-1976) · 1971

3Cited by4 opinions

  1. Guy v. Town of TempleSupreme Court of New Hampshire · 2008
  2. Mayor of Baltimore v. Dembo, Inc.Court of Special Appeals of Maryland · 1998
  3. Greater Harrodsburg/Mercer County Planning & Zoning Commission v. RomeroCourt of Appeals of Kentucky · 2008
  4. Newcomb v. GrossDistrict Court, E.D. Kentucky · 2023

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