Boone Creek Properties, LLC, Movant v. Lexington-Fayette Urban County Board of Adjustment and Its Members: Barry…

Summary

The Court denied Boone Creek’s motion for interlocutory relief and upheld the temporary injunction stopping recreational activities that allegedly violated the zoning ordinance and conditional-use permit. It held that when a governmental entity seeks an injunction to enforce its police powers, irreparable harm is presumed, subject to rebuttal, and that the circuit court did not abuse its discretion in issuing the injunction. The Court also held that the circuit court’s finding of irreparable harm was adequate and not clearly erroneous.