City of St. Matthews v. Oliva

CULLEN, Commissioner.

The City of St. Matthews appeals from a judgment which in effect requires the city to rezone, from a residential classification to a commercial classification, a tract of land in the city owned by the appellees Frank and Angeline Oliva.

This action was brought originally in 1960. A judgment was entered in November 1961 directing the city to rezone the property. An appeal was taken by the city from that judgment and by opinion (unpublished) dated November 2, 1962, this Court reversed the judgment. Upon remand of the case the circuit court, over objections of the city,…