Hatch v. Fiscal Court of Fayette County

STEWART, Justice. This is a class suit whereby appellants, plaintiffs below, attack the final report of the City of Lexington and Fayette County Planning and Zoning Commission, hereafter called Zoning Commission, in rezoning a tract of undeveloped land on the southernmost edge of Lexington from Residence B to Business A classification. Action before the Zoning Commission was initiated by one George Young who had contracted to buy the land for the erection thereon of a shopping center, provided the property could be reclassified for that purpose. Appellants are lot owners in a subdivision that, together with the tract in controversy, had previously been placed in a residential category by the Zoning Commission. They objected to the proposed change and presented before the Zoning Commission a petition signed by the owners of more than twenty per cent of the number of lots in the area and located within 200 feet of the tract, protesting against any variance. After a hearing, the Zoning Commission unanimously approved the reclassification of the property for business purposes and referred its finding to the Fayette County Fiscal Court for approval or disapproval, as the property is located outside the city limits of Lexington. The Fiscal Court approved the final report of the Zoning Commission by a three to one vote and entered a resolution to that effect.