Board of Adjustment & Appeals of City of Shively v. Dixie Suburban Volunteer Fire Department, Inc. ex rel. Wathen

CULLEN, Commissioner.

The Dixie Suburban Volunteer Fire Department, desiring to erect a fire station in an area of the City of Shively that is zoned for residential uses, made application to the board of adjustment and appeals of the city for a “special use” permit authorizing the erection of the station. The board denied the permit and the fire department thereupon sought judicial review by petition to the circuit court under KRS 100.590. In *110its petition, the fire department asked for an order directing the board of adjustment and appeals to issue the desired permit, and for an injunction…