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Moore v. Corbin Board of Adjustment

Court of Appeals of Kentucky

March 9, 2018

CHARLES E. MOORE AND JANA P. MOORE, TRUSTEES UNDER THE CHARLES E. MOORE AND JANA P. MOORE REVOCABLE LIVING TRUST DATED APRIL 1, 2008 APPELLANTS
v.
CORBIN BOARD OF ADJUSTMENT; CORBIN PLANNING COMMISSION; THE CITY OF CORBIN; MELINDA S. NORVELL; AND JAMES D. NORVELL, JR. APPELLEES

         APPEAL FROM WHITLEY CIRCUIT COURT HONORABLE PAUL WINCHESTER, JUDGE ACTION NO. 16-CI-00240

          BRIEF AND ORAL ARGUMENT FOR APPELLANTS: Darrell L. Saunders Corbin, Kentucky.

          BRIEF AND ORAL ARGUMENT FOR APPELLEES: Robert P. Hammons Corbin, Kentucky.

          BRIEF AND ORAL ARGUMENT FOR NORVELL: Graham Trimble Corbin, Kentucky.

          BEFORE: KRAMER, CHIEF JUDGE; JOHNSON AND MAZE, JUDGES.

          OPINION

          JOHNSON, JUDGE:

         Charles Moore and Jana Moore, Trustees of the Charles E. Moore and Jana P. Moore Revocable Living Trust Dated April 1, 2008 ("Trustees") filed an appeal from the July 18, 2016 Order of the Whitley Circuit Court dismissing their appeal taken from the March 17, 2016, order of the Corbin Board of Adjustment ("Board"). After reviewing the record in conjunction with the applicable legal authorities, we AFFIRM the court's order and DISMISS this appeal.

         BACKGROUND

         In February 2016, Melinda S. and James D. Norvell, Jr. ("Norvells") filed an application with the Corbin Board of Adjustment ("Board") seeking a dimensional variance. On March 17, 2016, the Board properly noticed and held a public hearing regarding the requested variance. The Trustees, who were opposed to the granting of the variance, were present and represented by counsel at the hearing. During the course of the hearing, evidence was taken on the record from all parties, but no vote was taken at the hearing before the Board adjourned the hearing. Following the hearing, the Board went into its regularly scheduled meeting during which the Board discussed and voted to approve the application of the Norvells.

         The vote of the Board was followed by a formal notice, dated March 22, 2016, signed by the Chairman of the Board and the Secretary of the Board. This notice was subsequently mailed to all parties, including the Trustees who acknowledge receiving a copy of the Board's decision on or about March 28, 2016.

         The Trustees, in accordance with Kentucky Revised Statutes (KRS) 100.347, filed their notice of appeal to the Whitley Circuit Court on April 21, 2016.

         On July 18, 2016, the court issued its order dismissing the appeal of the Trustees as being untimely under KRS 100.347. The Trustees then filed this appeal.

         STANDARD OF REVIEW

         Statutory construction is an issue of law. Therefore, we review the court's decision de novo. Rhodes v. ...


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