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
CORBIN BOARD OF ADJUSTMENT; CORBIN PLANNING COMMISSION; THE CITY OF CORBIN; MELINDA S. NORVELL; AND JAMES D. NORVELL, JR. APPELLEES
FROM WHITLEY CIRCUIT COURT HONORABLE PAUL WINCHESTER, JUDGE
ACTION NO. 16-CI-00240
AND ORAL ARGUMENT FOR APPELLANTS: Darrell L. Saunders Corbin,
AND ORAL ARGUMENT FOR APPELLEES: Robert P. Hammons Corbin,
AND ORAL ARGUMENT FOR NORVELL: Graham Trimble Corbin,
BEFORE: KRAMER, CHIEF JUDGE; JOHNSON AND MAZE, JUDGES.
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.
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.
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.
Trustees, in accordance with Kentucky Revised Statutes (KRS)
100.347, filed their notice of appeal to the Whitley Circuit
Court on April 21, 2016.
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.
construction is an issue of law. Therefore, we review the
court's decision de novo. Rhodes v.