Hougham v. Lexington-Fayette Urban County, 1998-CA-002213-MR.

• Citation: 29 S.W.3d 370
• Decision Date: 23 December 1999
• Docket Number: No. 1998-CA-002213-MR.,1998-CA-002213-MR.
• Parties: Roger F. HOUGHAM and Virginia M. Hougham, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Council Teresa Ann Isaac, Member of Lexington-Fayette Urban County Council Charles E. Ellinger, D.D.S., Member of Lexington-Fayette Urban County Council; David B. Stevens, M.D., Member of Lexington-Fayette Urban County Council; George A. Brown, Jr., Member of Lexington-Fayette Urban County Council; Robert R. Jefferson, Member of Lexington-Fayette Urban County Council; Dick Decamp, Member of Lexington-Fayette Urban County Council; Isabel Yates, Member of Lexington-Fayette Urban County Council; Bill Farmer, Member of Lexington-Fayette Urban County Council; Albert S. Mitchell, Member of Lexington-Fayette Urban County Council; Willy Fogle, Member of Lexington-Fayette Urban County Council; Fred v. Brown, Member of Lexington-Fayette Urban County Council; Jennifer Mossotti, Member of Lexington-Fayette Urban County Council; Sandy Shafer, Member of Lexington-Fayette Urban County Council; Richard P. Moloney, Member of Lexington-Fayette Urban County Council; Gloria Martin, Member of Lexington-Fayette Urban County Council; Pam Miller, Mayor of Lexington-Fayette Urban County Government; Walter W. May, Chairman, Lexington-Fayette Urban County Planning Commission; Eugene Ballentine, Member of Lexington-Fayette Urban County Planning Commission; Dr. Thomas M. Cooper, Member of Lexington-Fayette Urban County Planning Commission; Sarah Gregg, Member of Lexington-Fayette Urban County Planning Commission; Dallam B. Harper, Jr., Member of Lexington-Fayette Urban County Planning Commission; Robert D. Kelly, Member of Lexington-Fayette Urban County Planning Commission; George L. Logan, Member of Lexington-Fayette Urban County Planning Commission; Rose M. Lucas, Member of Lexington-Fayette Urban County Planning Commission; Dwight Price, Member of Lexington-Fayette Urban County Planning Commission; Don Robinson, Member of Lexington-Fayette Urban County Planning Commission; Leslie Patterson Vose, Member of Lexington-Fayette Urban County Planning Commission; and Lexington-Fayette Urban County Planning Commission, Appellees.
• Court: Court of Appeals of Kentucky

Page 370

29 S.W.3d 370 Roger F. HOUGHAM and Virginia M. Hougham, Appellants,
v.
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Council Teresa Ann Isaac, Member of Lexington-Fayette Urban County Council Charles E. Ellinger, D.D.S., Member of Lexington-Fayette Urban County Council; David B. Stevens, M.D., Member of Lexington-Fayette Urban County Council; George A. Brown, Jr., Member of Lexington-Fayette Urban County Council; Robert R. Jefferson, Member of Lexington-Fayette Urban County Council; Dick Decamp, Member of Lexington-Fayette Urban County Council; Isabel Yates, Member of Lexington-Fayette Urban County Council; Bill Farmer, Member of Lexington-Fayette Urban County Council; Albert S. Mitchell, Member of Lexington-Fayette Urban County Council; Willy Fogle, Member of Lexington-Fayette Urban County Council; Fred v. Brown, Member of Lexington-Fayette Urban County Council; Jennifer Mossotti, Member of Lexington-Fayette Urban County Council; Sandy Shafer, Member of Lexington-Fayette Urban County Council; Richard P. Moloney, Member of Lexington-Fayette Urban County Council; Gloria Martin, Member of Lexington-Fayette Urban County Council; Pam Miller, Mayor of Lexington-Fayette Urban County Government; Walter W. May, Chairman, Lexington-Fayette Urban County Planning Commission; Eugene Ballentine, Member of Lexington-Fayette Urban County Planning Commission; Dr. Thomas M. Cooper, Member of Lexington-Fayette Urban County Planning Commission; Sarah Gregg, Member of Lexington-Fayette Urban County Planning Commission; Dallam B. Harper, Jr., Member of Lexington-Fayette Urban County Planning Commission; Robert D. Kelly, Member of Lexington-Fayette Urban County Planning Commission; George L. Logan, Member of Lexington-Fayette Urban County Planning Commission; Rose M. Lucas, Member of Lexington-Fayette Urban County Planning Commission; Dwight Price, Member of Lexington-Fayette Urban County Planning Commission; Don Robinson, Member of Lexington-Fayette Urban County Planning Commission; Leslie Patterson Vose, Member of Lexington-Fayette Urban County Planning Commission; and Lexington-Fayette Urban County Planning Commission, Appellees. No. 1998-CA-002213-MR. Court of Appeals of Kentucky. December 23, 1999. As Modified January 14, 2000. Case Ordered Published by Supreme Court October 19, 2000. Discretionary Review Denied by Supreme Court October 19, 2000.

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Foster Ockerman, Lexington, KY, for Appellants.

Christine N. Westover, Lexington, KY, for Appellees.

Before COMBS, EMBERTON and GUIDUGLI, Judges.

OPINION

GUIDUGLI, Judge.

Appellants, Roger F. Hougham and Virginia M. Hougham (the Houghams), appeal an opinion and order entered by the Fayette Circuit Court which sustained the decision of the Lexington-Fayette Urban County Council (LFUCC) to deny the appellants' requested zone change. LFUCC denied the request despite the fact that the requested zone change was in compliance with the comprehensive plan and recommended for approval by the Urban County Planning Commission (the Planning Commission)...