Ratliff v. Phillips

LAMBERT, Justice.

Resolution of this appeal requires construction of KRS 100.263. Reversing the circuit court, the Court of Appeals held that failure of the Board of Zoning Adjustment to render its decision within sixty days after the hearing divested the Board of jurisdiction. As this issue appears to be of first impression (CR 76.20), we granted discretionary review and now reverse the Court of Appeals.

Respondent, Arnold Phillips, sought a permit to locate a house trailer on a lot in an R-2 zone in the city of Pikeville. The city building inspector made an initial determination favorable to…