Leslie v. City of Henderson

WEST, Judge.

This is an appeal from a judgment of the Henderson Circuit Court dismissing an appeal of Martha Leslie, an aggrieved landowner, from a rezoning decision of the City of- Henderson. The appellant argues that the circuit court erred in prematurely dismissing the appeal as not being taken within thirty (30) days of the final action of the Board of Commissioners of the City of Henderson. We hold that the Board’s “final action” occurred on the date of the second or final required reading of the ordinance. Consequently, the circuit court erred in prematurely dismissing Martha Leslie’s…