Pearman v. Schlaak

I dissent. The majority opinion posits the issue for decision as “whether local property owners not a party to the action had a right to intervene nine days after judgment was entered in favor of the Pearmans in their action against the City of Radcliff and the Joint City-County Planning Commission of Hardin County, Kentucky.”

The record reveals that the real issue for decision is whether adjacent property owners, whose interests have been protected by a public zoning authority in a proceeding of judicial review of its decision not to rezone a particular parcel of real estate, are entitled to…