Lacey v. State

Carley, Justice.

A zoning ordinance in Fayette County permits only single-family dwellings in areas which are zoned agricultural-residential. Lee Lacey was charged with violating that ordinance. The trial court overruled general demurrers challenging the constitutionality of the ordinance and, after a jury found Lacey guilty, entered a judgment of conviction and sentence.

1. Only one of Lacey’s constitutional challenges on appeal was raised in the trial court prior to the jury’s verdict. Constitutional attacks “must be made at the first opportunity, and it is too late to raise such question…