Baesler v. Lexington-Fayette Urban County Government

Full Case Name
Scotty BAESLER, Alice Baesler, Robert Woods, Judy Woods, and B-W Partnership, a Kentucky general partnership, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Planning Commission; and Dr. Thomas Cooper, Chairman, Lyle Aten, Gene Ballestine, Ben Bransom, Ann Davis, Linda Godfrey, Sarah Gregg, Dallam M. Harper, Marty Howard, Keith Mays, Don Robinson, Ann Ross, Neill Day, Steve Kay, Lynn Roach-Phillips, Frank Penn, Randall Vaughan, and Joan Whitman, in their official capacity as members of the Lexington-Fayette Urban County Planning Commission, Appellees
Description

Property owner sought to rezone land to be included as part of nearby industrial park despite property being designated as a buffer zone between the park and rural agriculatural land. Property owner's applicationw as denied by the Urban County Planning Board Commission. The court ruled that the Commission's denial of the application was suported by substantial evidence.

Date
09-28-2007
Court
Kentucky Court of Appeals
Jurisdiction
Kentucky
Plaintiffs
Defendants
Incident Location
Lexington-Fayette County, KY
Disputed Act

Property owner sought to rezone land adjacent to industrial park known as the Blue Sky Rural Activity Center ("Blue Sky") to be included as part of the park in order to develop land for light industrial use. Property had been designated as a buffer zone between Blue Sky and rural agricultural land. The Urban County Planning Commission denied the application because development of the land would increase surface water runoff, traffic hazards, water and light pollution, and would alter the visual and aesthetic character of the rural area. Property owner appealed.

Holding
Commission's denial of property owner's application was supported by substantial evidence and property owner's procedural due process rights were not infringed.
Disposition