Pierce v. Board of Adjustments

HAYES, Chief Judge.

This appeal is from a summary judgment which affirmed the Warren County Board of Zoning Adjustment in denying a special exception to the appellant. Toby Pierce had applied for a special exception to operate an antique shop in an agriculture zone.

The Board held a hearing on appellant’s application and voted four (4) in favor of granting the appellant’s request, one (1) against, and one (1) member passed.

The Warren County and City of Bowling Green zoning ordinance as applied to applications for special exceptions required five (5) affirmative votes to grant the exception.…