Bluegrass Trust for Historic Preservation v. Lexington Fayette Urban County Government Planning Commission

Summary

The court held that KRS 100.3471 is facially unconstitutional because its mandatory appeal-bond requirement burdens the constitutional right to at least one appeal, invades the Supreme Court’s rule-making authority, and permits arbitrary monetary consequences. The court nevertheless affirmed the circuit court’s determination that demolition of the Commonwealth Building was supported by substantial evidence and was not arbitrary. The separate opinion would uphold the statute but agreed with affirming the underlying zoning decision.