Triad Development/Alta Glyne, Inc. v. Gellhaus

Dissenting opinion by

Justice KELLER.

Rita C. Gellhaus, Winston Shelton, and Laura Hall (“Homeowners”) want to challenge by appeal to the circuit court the soil and sedimentation control plan for the Bill-town Farms subdivision in Jefferson County as finally approved by the Louisville and Jefferson County Planning Commission (“Planning Commission” or “Commission”). KRS 100.347(2) requires that this challenge be made within thirty days of the Planning Commission’s “final action.” The majority opinion believes that the “final action” from which the Homeowners should have appealed occurred on…