Abstract

http://ssrn.com/abstract=2138243
 


 



The Lexington-Fayette Urban County Board of Adjustment: Fifty Years Later


Kathryn L. Moore


University of Kentucky College of Law

2011

Kentucky Law Journal, Vol. 100, No. 3, 2011-2012

Abstract:     
Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how it has changed since the Dukeminier-Stapleton study. It then addresses the three basic types of appeals the Board considers: (1) variances, (2) conditional use permits, and (3) administrative appeals from the zoning administrator. With respect to each type of appeal, the Article first describes the governing law and how it has changed since the Dukeminier-Stapleton study. It then provides an empirical study of the Board’s voting behavior. The Article concludes with an overview of the ways in which the law and practice have changed since the Dukeminier-Stapleton study and the problems that remain.

Number of Pages in PDF File: 96

Keywords: land use planning, Board of Adjustment, variance, conditional use, nonconforming use

JEL Classification: Q15, R14, R52

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Date posted: August 30, 2012  

Suggested Citation

Moore, Kathryn L., The Lexington-Fayette Urban County Board of Adjustment: Fifty Years Later (2011). Kentucky Law Journal, Vol. 100, No. 3, 2011-2012. Available at SSRN: http://ssrn.com/abstract=2138243

Contact Information

Kathryn L. Moore (Contact Author)
University of Kentucky College of Law ( email )
620 S. Limestone Street
Lexington, KY 40506-0048
United States
859-257-7637 (Phone)
859-323-1061 (Fax)
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