Legal Opinion
Presbyterian Child Welfare Agency of Buckhorn, Kentucky, Inc. v. Nelson County Board of Adjustment
District Court, W.D. Kentucky
Decided June 22, 2001No. Civil Action No. 3:00CV-328-HPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
HEYBURN, District Judge.
The parties have filed cross motions for summary judgment and partial summary judgment. In Count I of the complaint, Plaintiff, Presbyterian Child Welfare Agency (“PCWA”), seeks a declaration that it is an “instrumentality of state government,” immune from the decisions of *719local planning boards under Kentucky Revised Statute (“KRS”) 100.361. In Count II, PCWA claims that the Nelson County Board of Zoning Appeals (“BOZA”) violated the Fair Housing Amendments Act of 1988 (“FHAA”), 42 U.S.C. § 3604(f)(1)(b) & 3(b) by denying PCWA’s conditional use permit…
2Cases cited21 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- University of Tennessee v. ElliottSupreme Court of the United States · 1986
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3Cited by2 opinions
- Stemler v. FlorenceCourt of Appeals for the Sixth Circuit · 2003
- Susan Stemler, William Chipman, Administrator of the Estate of Conni Black, Plaintiff-Appellant/cross-Appellee, Randy Black, Legal Guardian of Shianne Black, Intervenor-Appellant/cross-Appellee v. Florence, City of Florence, Bobby Joe Wince, in His Official Capacity as an Officer of the Florence Police Department John Dolan, in His Official Capacity as an Officer of the Florence Police Department Thomas Dusing, in His Official Capacity as an Officer of the Florence Police Department, Defendants-Appellees/cross-Appellants, Ron Kenner, in His Official Capacity as Boone County Sheriff, Susan Stemler, Randy Black, Intervenor-Appellee v. Florence, City of Florence, Bobby Joe Wince, in His Official Capacity as an Officer of the Florence Police Department John Dolan, in His Official Capacity as an Officer of the Florence Police Department Thomas Dusing, in His Official Capacity as an Officer of the Florence Police Department, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Sixth Circuit · 2004