Legal Opinion

Louisville & Jefferson County Board of Zoning Adjustment v. Joseph C. Hofgesang Sand Co.

Kentucky Supreme Court

Decided May 26, 1981PublishedCited by 2 opinions

1Opinion of the Court

STEPHENS, Justice.

This case involves the forfeiture of a bond given by Joseph C. Hofgesang Sand Company, Inc., (hereinafter Hofgesang) to the Louisville and Jefferson County Board of Zoning Adjustment, (hereinafter Board). The principal issue on appeal is whether the sum of $120,000 stipulated in the bond is recoverable in its full amount, or whether the Planning and Zoning Commission is entitled only to its actual damages.

The execution of the bond by Hofgesang, in 1967, was one of several conditions imposed by the Board for the issuance of a conditional-use permit to Hofgesang for the…

2Cases cited3 opinions

  1. United States v. ZerbeySupreme Court of the United States · 1926
  2. City of Paducah v. JonesCourt of Appeals of Kentucky · 1907
  3. Commonwealth v. Ginn & Co.Court of Appeals of Kentucky · 1901

3Cited by2 opinions

  1. American Druggists Insurance Co. v. Commonwealth, Department for Natural Resources & Environmental ProtectionCourt of Appeals of Kentucky · 1983
  2. State v. Gulf American Fire & Casualty Co.Tennessee Supreme Court · 1984

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