Hager v. Louisville & Jefferson County Planning & Zoning Commission

STEWART, Justice. This is an action for a declaration of rights and for an injunction to restrain the Louisville and Jefferson County Planning and Zoning Commission, herein called the commission, from amending the master plan of the unincorporated territory of Jefferson County in the manner hereinafter described. A demurrer, filed to the petition, was sustained, and, plaintiffs below and appellants here, having failed to plead further, judgment was entered dismissing the petition. The petition and the exhibits thereto present the following facts: On May 1, 1952, after a public notice pursuant to KRS 100.048, the commission unanimously adopted a resolution amending the above master plan by designating certain unincorporated territory lying and being in Jefferson County, known as Lower Paddy Run, Lee's Lane and Mill Creek, as 'ponding areas' in connection with the flood protection project of Louisville and Jefferson County. The resolution further recites that these three ponding areas are a necessary adjunct to the foregoing flood protection project in these respective locations and that 'these ponding areas will be needed as temporary storage basins.' The legality of the resolution is challenged by appellants, who sued below and are prosecuting this appeal for themselves and for the benefit of all other persons whose lands lie within the three ponding areas. Several grounds are urged for reversal, but we shall consider only two alleged in the petition which we believe are determinative of the issue raised. First, it is claimed, if the resolution is upheld, it will deprive appellants of their property without due process of law in violation of Section 1 of the Fourteenth Amendment of the Constitution of the United States and, secondly, it is asserted the proposed action of the commission will result in the taking of appellants' property for a public use without their consent and without just compensation therefor in contravention of Sections 13 and 242 of the Constitution of Kentucky.