Evangelical Lutheran Good Samaritan Society, Inc. v. Albert Oil Co.

WINTERSHEIMER, Justice.

These appeals arise from a decision of the Court of Appeals reversing a judgment of the circuit court and determining that a local legislative body that fails to vote to override a recommended rezoning within 90 days retains legal authority over the zoning matter.

The principal issue is whether the failure of a local legislative body to take action on a planning commission recommendation within 90 days renders the recommendation final and deprives the local legislative body of authority to act on the matter.

Stated another way: Is the 90 day period set out in KRS…