Legal Opinion

Henry Fischer Builder, Inc. v. Magee

Court of Appeals of Kentucky

Decided December 5, 1997No. 96-CA-1858-MRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

SCHRODER, Judge.

This is a planning and zoning ease which asks how binding a preliminary plat is. Street dedications under subdivision regulations, adopted pursuant to Chapter 100 of the Kentucky Revised Statutes, are compared to dedications under KRS 82.400 and common law dedications.

The parties are well aware’ of who played which part in this case scenario, so for purposes of this appeal, we are going to say a developer, wishing to develop a residential subdivision, presented a preliminary plat to the planning commission, which approved it. In developing the subdivision, the developer…

2Cases cited17 opinions

  1. Cassell v. ReevesCourt of Appeals of Kentucky (pre-1976) · 1954
  2. Grinestaff v. GrinestaffCourt of Appeals of Kentucky (pre-1976) · 1958
  3. Commonwealth, Department of Highways v. WynnCourt of Appeals of Kentucky (pre-1976) · 1965
  4. W. T. Congleton & Co. v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Consolidated Realty Co. v. Richmond Hotel & Building Co.Court of Appeals of Kentucky (pre-1976) · 1934

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3Cited by6 opinions

  1. Nash v. Campbell County Fiscal CourtKentucky Supreme Court · 2011
  2. Sebastian-Voor Properties, LLC v. Lexington-Fayette Urban County GovernmentKentucky Supreme Court · 2008
  3. William David Ellington v. Harlan Randall BecraftKentucky Supreme Court · 2017
  4. Michael Harlan v. Doris Dean WilliamsCourt of Appeals of Kentucky · 2021
  5. Nash v. Campbell County Fiscal CourtKentucky Supreme Court · 2011

1 more not listed; retrieve them via the Exa API.

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