Creative Displays, Inc. v. City of Florence

602 S.W.2d 682 (1980)

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Creative Displays, Inc. v. City of Florence

Kentucky Supreme Court
602 S.W.2d 682 (1980)

  • Written by Tanya Munson, JD

Facts

In 1962, the city of Florence, Kentucky, (defendant) adopted a zoning ordinance. In February 1966, Boone County adopted an ordinance that was separate from the city of Florence. In September 1966, a county-wide planning unit, the Boone County Planning and Zoning Commission (the commission), was formed. The commission encompassed both Florence and Boone County as well as the cities of Walton and Hopeful Heights. In October 1966, the commission adopted a comprehensive plan consisting solely of the existing plans of Florence and Boone County. The individual plans of Florence and Boone County complied with the substantive requirements of Kentucky law. However, Kentucky law required the comprehensive plan to include a statement of goals and objectives to serve as a guide for the development of the planning unit. Kentucky law also required a planning commission to hold a public hearing before adopting a comprehensive plan. Creative Displays, Inc. (Creative Displays) (plaintiff) challenged the commission’s comprehensive plan, arguing that ordinances adopted under the comprehensive plan were invalid because the comprehensive plan did not include an appropriate statement of goals and objectives and because the commission did not hold a public hearing before adopting the plan. The commission argued that the goal statements of the Florence and Boone County plans and the prior hearings held regarding the Florence and Boone County plans were sufficient to satisfy the requirements of Kentucky law. The trial court found that the ordinances were appropriately enacted and dismissed Creative Displays’ complaint. Creative Displays appealed, and the court of appeals affirmed the judgment of the trial court. The Kentucky Supreme Court granted discretionary review.

Rule of Law

Issue

Holding and Reasoning (Stephens, J.)

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