(Download) "Parker v. Rash" by Court Of Appeals Of Kentucky " eBook PDF Kindle ePub Free
eBook details
- Title: Parker v. Rash
- Author : Court Of Appeals Of Kentucky
- Release Date : January 09, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
CLAY, Commissioner. This suit was brought by appellees to enjoin appellants from constructing an office building on Frederica Street in the City of Owensboro, on the ground that such use of the property involved would conflict with the general zoning ordinance of the City. The Chancellor adjudged that a special amendatory ordinance authorizing the structure, and a building permit issued pursuant thereto, were invalid and void; and permanently enjoined appellants from constructing on their property a 'doctors' office building.' The issues have been exceptionally well briefed by counsel for both parties. In 1947 the Zoning Commission of Owensboro prepared a comprehensive zoning plan, which was enacted into ordinance by the City. In 1949 appellants purchased a lot with a residence thereon located at the southeast corner of 17th and Frederica Streets. This lot measures 90 feet by 160 feet. Under the zoning plan then in effect, the property was in an 'M-1 multiple family district.' Property located in an M-1 district may properly be used, in addition to residential purposes, for: boarding houses, tourist homes, public schools, churches, libraries, and charitable institutions. Permitted uses also include a 'hospital' or a 'professional office,' but the latter must be incidental to residential occupancy.