Spainhoward v. Henderson, Henderson County Board of Zoning Adjustment

OPINION

HUDDLESTON, Judge.

Henderson Circuit Court dismissed Terry Spainhoward’s appeal from the Henderson, Henderson County Board of Zoning Adjustment because he failed to exhaust his administrative remedies. The sole issue presented in Spainhoward’s appeal to this Court is whether the Board’s determination that a recycling business is an inappropriate use within a general business district is a final action subject to judicial review when the Board would have permitted the business to continue operating, at least temporarily, had it filed for a conditional use permit.

Seeking to operate a…