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Fiscal Court of Jefferson County, Ky.

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Was the Fayette Mall expansion a major unanticipated change to the comprehensive plan which would render the commission's and council's decision arbitrary? To the appellants directly across Nicholasville Road, the new McAlpins store is surely a major local change. However, it does not necessarily follow that it would totally wipe out the commercial corridor concept or the use of Nicholasville Road as the dividing line between the commercial property on the west and residential on the east.

It could have, but with evidence presented both ways, the triers of fact made their findings that the unanticipated expansion of the Fayette Mall did not substantially alter the character of the area, see Wells v. Fiscal Court of Jefferson County, supra, and we are of the opinion that these findings are not arbitrary, as discussed above. Does the failure to timely update the comprehensive plan render decisions that relied thereon arbitrary? The appellants are correct when they cite KRS See Bellefonte Land Inc. If the Circuit Court finds that the review has not been performed, it shall order the planning commission, or the legislative body in the case of the statement of goals and objectives element, to perform the review, and it may set a schedule or deadline of not less than nine 9 months for the completion of the review.

No comprehensive plan shall be declared invalid by the Circuit Court unless the planning commission fails to perform the review according to the court's schedule or deadline. The procedure set forth in this section shall be the exclusive remedy for failure to perform the review.

Court of Appeals of Kentucky.

We agree with the circuit court that even if the comprehensive plan has not been timely updated, that does not make the refusal to rezone arbitrary. Also, the court did find that the Tischler-Marcou economic study was updated by Mark Guindon.

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Finally, appellants argue that the record compels that the property be rezoned as requested, that by reviewing the entire record, we would see that not only was the council's refusal to rezone arbitrary, but that no category other than the B-6P zoning would be appropriate for the property in question. Appellants cite our opinion in Bryan v.

A compelling need is not that a retailer cannot find a location where it wants to be or that a commercial use is more profitable. This is a repeat of the appellants' first two arguments which we addressed above. For the foregoing reasons, we agree with the circuit court that the council's findings were supported by substantial evidence and that the appellants were not able to show arbitrariness or a compelling need for their request. Therefore, the judgment of the Fayette Circuit Court, denying appellants' request for a zoning map amendment, is affirmed.

Eastern District of Kentucky

The Fritzes own property on the corner of Wilson-Downing Road and Nicholasville in Lexington, Kentucky, which is currently zoned for single family homes on lots of at least 8, square feet. Their home is directly across the street from the largest shopping center in Kentucky, Fayette Mall, in an area that is now the premier retail sector for central Kentucky.

Recent studies have shown that over 40, vehicles pass within a few yards of the Fritzes front porch each day. The Planning Commission and the council of the Lexington Fayette Urban County Government will not allow the Fritzes to develop their land for a department store because they claim it violates the government's Comprehensive Plan Plan. The majority affirms this decision because they hold that the council properly relied on the Plan to reach their decision.

I disagree on the basis that the Plan does not have the substance upon which a sound decision can be made in this case.


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Thus, the council's finding against the Fritzes was arbitrary and should be reversed. Horodner knows how to tackle that. Bickett said there are three periods when an artist can make it: He figures he has hit the senior citizen marker: And he enjoys the notice, but his mobility has steadily declined. The man who used to arise while the fog was still on both Gratz Park and the pink flamingos of trailer parks, and who would photograph both, can no longer move freely.


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He has lost 45 pounds off his 5-foot frame. The irony, he said, is that he has always been robustly healthy, rarely ever sick. While waiting tables at a la Lucie, he could balance six plates at a time. During the summer of , he noticed that his right foot would register that it had hit the floor when it was still about an inch or two in the air. He said Beshear, a customer for decades, probably would have been gracious about it, but it unnerved him nonetheless. Bickett decided to tell customers that he had arthritis in his back and could no longer deliver the plates. Without that recording, appellate judges would not be able to make a determination.

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