Legal Opinion

Weaver v. Anderson County Fiscal Court

District Court, E.D. Kentucky

Decided December 17, 1986No. 5:10-misc-05001PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BERTELSMAN, District Judge:

This 42 U.S.C. § 1983 action, arising out of a zoning dispute, requires an analysis of the applicability of the rule of University of Tennessee v. Elliott, — U.S. —, 106 S.Ct. 3220, 92 L.Ed.2d 635 (1986) to decisions of zoning Boards of Adjustments operating under Kentucky law.

FACTS

Plaintiffs are owners of a tract of land located in both Anderson and Franklin Counties, Kentucky. They had planned to develop this land into a mobile home park and an adjoining sales lot. Plaintiffs moved ahead with their plans and obtained a permit from the state Health…

2Cases cited21 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Malley v. BriggsSupreme Court of the United States · 1986
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. University of Tennessee v. ElliottSupreme Court of the United States · 1986
  5. MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Bannum, Inc. v. City of Louisville, KentuckyCourt of Appeals for the Sixth Circuit · 1992
  2. Bannum, Inc. v. City of Louisville, KentuckyCourt of Appeals for the Sixth Circuit · 1992

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