Representatives of a local neighborhood association and the Huntertown Road Alliance (HRA) opposed a plan that had been submitted to the Woodford County Zoning Administrator to build a car dealership. The zoning in the area where the dealership was to be built had remained unchanged for more than twenty-five years and the proposed dealership was permissibly within the zoning scheme. After it was recommended that the plan be approved, the HRA appealed the recommendation to the County Board of Adjustments. The Board held a public hearing on the matter to consider reasons why the plan should be refused. However, the arguments presented by the HRA were unpersuasive, and the plan was approved by a unanimous vote. Shortly after, the Planning and Zoning Commission held a meeting and the development plan was again approved. The HRA was unsatisfied with the decision and filed a complaint in court alleging that the Board and Planning Commission had denied them due process in failing to consider their argument against the plan and that the Board had been biased towards approving the plan. A bench trial was granted to determine whether the Board had preconceived opinions concerning the development plan prior to the initial hearing. All of the claims were decided in favor of the defendants and the HRA appealed. The arguments presented by MGM showed that the Board and Planning Commission had not infringed on any rights of the HRA and had complied with all of the relevant statutory allowances in hearing their disagreements with the proposed plan. The Court of Appeals was persuaded by the arguments and the trial court’s ruling was affirmed.
Neighborhood association/zoning/Planning Commission
