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Legal Opinion

City of Somerset v. Sears

Court of Appeals of Kentucky

Decided October 27, 1950PublishedCited by 17 opinions

1Opinion of the Court

Clay, Commissioner

Reversing.

This is an appeal from a judgment permanently enjoining the officials of Somerset from issuing a permit to the Somerset Drive-In Theatre Company, and per*786manently enjoining that company from constructing or operating a proposed drive-in theatre in the city.

Appellees are residential owners who live near the proposed site of the theatre. Their pleadings allege that the City Board of Council will grant a permit to the appellant company under an ordinance providing1 therefor. They further allege: the site of the proposed theatre grounds is in a quiet residential…

2Cases cited5 opinions

  1. Commonwealth v. McGovernCourt of Appeals of Kentucky · 1903
  2. Pfingst v. SennCourt of Appeals of Kentucky · 1893
  3. Board of Education of Louisville v. KleinCourt of Appeals of Kentucky (pre-1976) · 1946
  4. Hamlin v. DurhamCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Dulaney v. FitzgeraldCourt of Appeals of Kentucky (pre-1976) · 1929

3Cited by17 opinions

  1. City of Somerset v. SearsCourt of Appeals of Kentucky (pre-1976) · 1950
  2. Curry v. Farmers Livestock MarketCourt of Appeals of Kentucky (pre-1976) · 1961
  3. Burkhead v. Louisville Gas & Electric Co.District Court, W.D. Kentucky · 2008
  4. Dickens v. Oxy Vinyls, LPDistrict Court, W.D. Kentucky · 2009
  5. Associated Contractors Stone Co. v. Pewee Valley Sanitarium & HospitalCourt of Appeals of Kentucky (pre-1976) · 1963

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