Hamilton Co. v. Louisville & Jefferson County Planning and Zoning Commission

• Decision Date: 16 December 1955
• Citation: 287 S.W.2d 434
• Parties: The HAMILTON COMPANY et al., Appellants, v. LOUISVILLE & JEFFERSON COUNTY PLANNING AND ZONING COMISSION et al., Appellees.
• Court: United States State Supreme Court — District of Kentucky

Page 434

287 S.W.2d 434

The HAMILTON COMPANY et al., Appellants,

v.

LOUISVILLE & JEFFERSON COUNTY PLANNING AND ZONING COMISSION

et al., Appellees.

Court of Appeals of Kentucky.

Dec. 16, 1955.

As Modified on Denial of Rehearing March 16, 1956.

Middleton, Seelbach, Wolford, Willis & Cochran, Leo T. Wolford, Eugene B. Cochran, Louisville, for appellants.

Samuel Steinfeld, Bemis Lawrence, James L. Taylor, Louisville, for appellees.

STANLEY, Commissioner.

The Louisville and Jefferson County Planning and Zoning Commission denied an application to change the zoning plan for the unincorporated territory of the county in order to reclassify a certain plot of ground from A-One Residential to D-One Commercial classification. The property is in the St. Matthews area on the north side of U. S. Highway No. 60, commonly called the Shelbyville Road. It has a frontage of 388.9 feet and extends northwardly 500 feet. It is bound on the east by Thierman Lane, a dedicated but unimproved 40 foot street, upon which there are a number of residences. It is bound on the west by a 30 foot unnamed and unoccupied street or road. The present owner, the Hamilton Company, has contracted to sell the property to Sears, Roebuck and Co. for the erection of a retail store with adequate parking facilities. Consummation of the sale seems to be conditioned upon zoning reclassification.

An appeal to the circuit court was prosecuted by the applicants. The city of Richlawn and the members of its Board of Trustees were permitted to intervene and defend the action of the Commission. Citizens who reside on Thierman Lane filed a document styled, 'Entry of Appearance and Waiver of Notice', by which they joined in the prayer of the applicants that the action of the Commission be set aside.

After hearing much evidence, the Court filed his 'Findings of Fact and Conclusions of Law' and rendered a judgment affirming the action of the Commission.

The appellants, Hamilton Company and Sears, Roebuck and Company, vigorously contend that the proceedings of the Commission were irregular and its disposition of their application for zoning was arbitrary and made in disregard of KRS 100.053, which requires a hearing by the Commission. It appears that upon proper notices, the Commission had a public hearing on October 22, 1953, at which the applicants submitted strong evidence sustaining their application. The residents of Thierman Lane, who lived nearest to the property, appeared in support of it. No one appeared in opposition. A week later, at a closed meeting with its staff, the Commission passed upon the application and denied it.

A hearing by a zoning commission is not a trial although it is quasi judicial. Louisville & Jefferson County Planning & Zoning Commission v. Ogden, 307 Ky. 362, 210 S.W.2d 771. The proceeding affords an opportunity for interested persons to be heard in justification or opposition of a proposed action. Their evidence should be received as aiding the Commission in discharging its duties in a manner consistent with the preservation of the common interests and the general welfare as contemplated by the zoning ordinances. Yokley, Zoning Law and Practice, Sec. 127. The evidence and the rights of the parties affected should be given consideration, but the decision must, in a large measure, rest upon the views of the Commission. In the present case, it appears that the Commission disregarded the evidence it had heard; but since the parties on appeal to the circuit court were in fact given a de novo trial so far as concerns evidence and argument, it would seem that the failure of the Commission to regard the evidence it had heard is not important unless the court in its decision gave consideration and weight to the Commission's decision. Although it is not clear, the court seems to have felt bound by the finding and order of the Commission, for its 'Conclusions of Law' were that the Commission had shown by evidence that it had acted 'constitutionally and fairely in denying the application' for a change of classification; that it had complied with the statute, and that its decision not to change the classification 'bears a reasonable relative [sic] to the promotion of the public health, safety, morals and general welfare.' The judgment contains more definite statements to indicate reliance on the Commission's finding.

The requirement of the statute, KRS 100.057(2), that zoning cases in Jefferson County shall be tried by the court de novo, that is, anew as if no decision had been previously made by te Zoning Commission, is novel, and its wisdom may be doubtful, for the Commission has special technical and overall knowledge of the zoning plan and application. But it is the law. Boyd v. Louisville & Jefferson County Planning & Zoning Commission, 313 Ky. 196, 230 S.W.2d 444; Louisville and Jefferson County Planning and Zoning Commission v. Grady, Ky., 273 S.W.2d 563.

It would appear on first impression that this case should be remanded to the circuit court for an independent determination, but, since the entire record is before us and this is a special proceeding to be decided by the court without a jury, we conclude to consider the case as if the trial court had decided it independently. But because of the doubt, we feel the provision of CR 52.01, as to the credence to be given findings of fact by a trial court, is not fully applicable.

Much has been written concerning the law of planning and zoning. As an extension of the exercise of the police power, the interference or regulation by public authority of the use of a citizen's property must be for the superior interest and rights of the public, and the power must be exercised in a reasonable and fair manner for the promotion of the common good of a community as a whole, more particularly, it must bear a substantial relation to the public health, safety, morals or welfare. This is the purpose of the statute KRS 100.031. Standard Oil Co. v. City of Bowling Green, 244 Ky. 362, 50 S.W.2d 960, 86 A.L.R. 648; Shemwell v. Speck, Ky., 265 S.W.2d 468. The question in each case is whether the action of the Zoning Commission can be sustained upon that fundamental ground.

As we understand, the area of which this parcel of land is a part was originally zoned in the master plan adopted in 1943 as residential. Since then the metropolitan area of Jefferson County has greatly increased in population and expanded eastwardly out the...