Kentucky Supreme Court

Boone Development, LLC v. Nicholasville Board of Adjustment

August 22, 2024

Summary

The Court held that the statutory appeal-bond requirement was unconstitutional and therefore that the Court of Appeals improperly dismissed Boone's appeal for lack of jurisdiction. Exercising supervisory authority, the Court reached the merits and affirmed the circuit court's determination that Boone was required to include the cost of the bridge and road extension in its letter of credit because the recorded development plan governed the property. The Court also rejected challenges concerning procedural due process, service of process, and the inclusion of an unnecessary party, while affirming the merits judgment.