Legal Opinion
Hume v. Franklin County Fiscal Court
Kentucky Supreme Court
Decided February 19, 2009No. 2006-SC-000499-DG, 2006-SC-000091-DGPublishedCited by 1 opinion
1Opinion of the Court
Opinion of the Court by
Justice SCHRODER.
This is a consolidated appeal of a planning and zoning case which attempts to apply the doctrine of res judicata to an application for a zone map amendment. We opine that res judicata is a judicial concept and has no application to a zoning map amendment, which involves a legislative function.
Gary, John, and Lewis Bizzack (Property Owners) own a 10.31 acre tract (the Bizzack’s tract) in Franklin County, Kentucky, which was the subject matter of different zoning map change requests. Alice Hume and Pin Oak Stud are neighboring landowners to the Bizzack’s…
2Cases cited6 opinions
- American Beauty Homes Corp. v. Louisville & Jefferson County Planning & Zoning CommissionCourt of Appeals of Kentucky (pre-1976) · 1964
- Yeoman v. Com., Health Policy Bd.Kentucky Supreme Court · 1998
- Hilltop Basic Resources, Inc. v. County of BooneKentucky Supreme Court · 2005
- City of Louisville v. KavanaughCourt of Appeals of Kentucky (pre-1976) · 1973
- Johnson v. LagrewCourt of Appeals of Kentucky (pre-1976) · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Conoly Brown v. Metropolitan Government of Nashville and Davidson County, TennesseeCourt of Appeals of Tennessee · 2013