FROM SIMPSON CIRCUIT COURT HONORABLE TYLER L. GILL, SPECIAL
JUDGE ACTION NOS. 14-CI-00337, 14-CI-00258, 12-CI-00086
FOR DRAKES CREEK HOLDING CO., LLC: Stephen K. Heard
Nashville, Tennessee Adam O. Knight Brentwood, Tennessee
ORAL ARGUMENT FOR DRAKES CREEK HOLDING CO., LLC: Adam O.
Knight Brentwood, Tennessee
FOR FRANKLIN/SIMPSON COUNTY BOARD OF ADJUSTMENT AND JOE
PERRY, IN HIS OFFICIAL CAPACITY AND AT ORAL: Aaron D. Smith
Bowling Green, Kentucky John T. Soyars Hopkinsville, Kentucky
ORAL ARGUMENT FOR PLANNING AND ZONING COMMISSION AND SIMPSON
COUNTY JUDGE EXECUTIVE HENDERSON: Sarah Payne-Jarboe Bowling
FOR CHARLES DEWEESE, ET AL: Buckner Hinkle, Jr. Lexington,
Kentucky Margaret Ruth Grant Louisville, Kentucky Bethany A.
Breetz Timothy D. Crocker Franklin, Kentucky
APPEARED AT ORAL ARGUMENT FOR CHARLES DEWEESE, ET AL: Steven
Henderson Louisville, Kentucky
FOR DAVID CARVER; ALSO APPEARED AT ORAL ARGUMENT: Tim Mefford
BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT,
LAMBERT, D., JUDGE
consolidated opinion resolves several disputes arising from
the grant and subsequent revocation of a conditional use
permit (CUP) by the Franklin-Simpson County Board of Zoning
Adjustment (the Board). After review, we find no reversible
error and affirm the Simpson Circuit Court.
February 2012, Charles and Penny Deweese applied for a CUP to
begin operating a rock quarry on two adjoining properties in
Simpson County, Kentucky. The properties belonged to the
Deweeses and comprised 87 agriculturally zoned acres. At the
time, the properties were only accessible via Ditmore Ford
Road, a narrow county road. The Deweeses included detailed
maps in their application. The maps described the
quarry's location within the properties' boundaries.
Board considered the Deweeses' application during a
public hearing on February 28, 2012. The hearing itself
lasted more than six-hours, and nearly 400 people attended.
Among those in the crowd were a group of neighboring
landowners (the Carvers) who opposed the CUP. In particular,
the Carvers were concerned about prospective traffic on
Ditmore Ford Road. When given the opportunity to speak at the
hearing, the Carvers presented evidence that Ditmore Ford
Road would require certain improvements to accommodate large
commercial trucks traveling to and from the quarry. The
Carvers, through counsel, also cross-examined a Deweese
representative. In their case in chief, the Carvers offered
evidence that an unimproved Ditmore Ford Road was too narrow
for large commercial trucks to negotiate and unsafe for
motorists at one ...