Legal Opinion

Robbins v. Lexington-Fayette Urban Cnty. Planning Comm'n

Court of Appeals of Kentucky

Decided March 17, 2017No. 2015–CA–000638–MRPublished

1Opinion of the Court

LAMBERT, J., JUDGE:

Carlin Robbins and Rebecca Lutz appeal from the opinion and order of the Fayette Circuit Court dismissing their claim against the Lexington-Fayette Urban County Planning Commission (and its members) (collectively referred to as the Planning Commission) and New Cingular Wireless, PCS, LLC d/b/a AT & T Mobility (AT & T). We affirm.

Although this appeal turns on statutory interpretation, a brief recitation of the facts and procedural history is necessary to the understanding of this decision. On August 21, 2014, AT & T filed for permission to construct a cell phone tower at 302…

2Cases cited5 opinions

  1. BOARD OF ADJUST. OF CITY OF RICHMOND v. FloodKentucky Supreme Court · 1978
  2. Appalachian Regional Healthcare, Inc. v. ColemanKentucky Supreme Court · 2007
  3. Virgin Mobile U.S.A., L.P. v. Commonwealth ex rel. Commercial Mobile Radio ServiceKentucky Supreme Court · 2014
  4. Hampson v. Boone County Planning CommissionCourt of Appeals of Kentucky · 2014
  5. AT & T Wireless PSC, Inc. v. City of IndependenceCourt of Appeals of Kentucky · 2001

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