Furlong Development Co. v. Georgetown-Scott County Planning & Zoning Commission

I respectfully dissent from the majority. Forcing developer to forfeit the bonds in this case amounts to punitive damages, which are not allowed in Kentucky contract law. At the outset, I point out that the lower courts failed to consider the issue of damages and whether they were punitive (and, therefore, prohibited by statute). Understandably, the majority’s opinion does not consider the issue because the parties failed to raise or argue it.

I. BACKGROUND

Developer obtained property in Scott County and began plans for a subdivision. It applied to the Georgetown-Scott County Planning and…