Kentucky Revised Statutes
Ky. Rev. Stat. § 100.057 (2026)
Repealed, 1966
✓ current as of May 2026
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Catchline at repeal: Appeal to courts from decision of commission on question of approving adjustments. History: Repealed 1966 Ky. Acts ch. 172, sec. 91. -- Created 1942 Ky. Acts ch. 176, sec. 6.
Notes of Decisions
Cited in 25
cases, 1948–2005 · leading case: Am. Beauty Homes Corp. v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 379 S.W.2d 450 (Ky. Ct. App. 1964).
Am. Beauty Homes Corp. v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 379 S.W.2d 450 (Ky. Ct. App. 1964). “This re-appraisal has convinced us that one phase of the procedure provided by KRS 100.057 not only is impractical and unworkable, but is unconstitutional.”
Bischoff v. Hennessy, 251 S.W.2d 582 (Ky. Ct. App. 1952). “2d 71 , we held that the appellants had failed to pursue, within the prescribed time of thirty days the remedy afforded by KRS 100.057. Thirty days is allowed by the statute in which to appeal an order of the Zoning Commission to the Circuit Court, and it was decided that the…”
Hilltop Basic Resources, Inc. v. Cnty. of Boone, 180 S.W.3d 464 (Ky. 2005). “At the time, KRS 100.057 directed that all zoning determinations were to be reviewed de novo by the judiciary.”
Boyd v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 230 S.W.2d 444 (Ky. Ct. App. 1949). “KRS 100.057. The cases were tried together leisurely, much evidence being heard, and judgments were render *198 ed eighteen months after their filing.”
Duncan v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 238 S.W.2d 127 (Ky. Ct. App. 1951). “the Jefferson circuit court on May 26, 1949, pursuant to KRS 100.057. The appellants named in the Statement as parties defendant below the Louisville and Jefferson County Planning and Zoning Commission and each individual member of the Commission.”
Hennessy v. Bischoff, 240 S.W.2d 71 (Ky. Ct. App. 1951). “The appeal to the circuit court, from the decision of the planning and zoning commission, was taken by the adjoining property owners pursuant to KRS 100.057, which provides that the appealing party shall file with the circuit court clerk a statement of appeal, setting forth the…”
Louisville & Jefferson Cnty. Plan. & Zoning Comm'n v. Grady, 273 S.W.2d 563 (Ky. Ct. App. 1954). “On the other hand, it is the appellees’ theory that, since KRS 100.057(2) provides for a hearing de novo on appeal to the circuit court from an order of the Zoning Commission, the court is not restricted solely to a consideration of the correctness of the Commission’s ruling…”
Thomson v. Tafel, 218 S.W.2d 977 (Ky. Ct. App. 1949). “085(2) provides that after an appeal is taken from a ruling of the Board of Adjustment and Appeals the procedure shall be the same as provided in KRS 100.057 with reference to appeals from actions of the Zoning Commision.”
Louisville & Jefferson Cnty. Plan. & Zoning Comm'n v. Fortner, 243 S.W.2d 492 (Ky. Ct. App. 1951). “The commission denied the application, and Fortner appealed to the Jefferson Circuit Court, pursuant to KRS 100.057. The petition of appeal was filed in July 1950.”
Oertel v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 251 S.W.2d 275 (Ky. Ct. App. 1952). “was dismissed on motion of ap-pellees because a certified copy of the resolution was not filed as required by KRS 100.057. From that order the appellants prosecute this appeal.”
Ray v. Luckett, 332 S.W.2d 848 (Ky. Ct. App. 1960). “Judgment was entered dismissing the appeal, on the ground that notice of the appeal had not been given immediately to all “parties of record,” as required by KRS 100.057(2). The protestants have appealed to this Court.”
Freeman v. Lville. Jeff. Co. Plng. Zng. Comm., 214 S.W.2d 582 (Ky. Ct. App. 1948). “Appellants urge that as the transcript was filed here twenty days before the first day of the second term of this court next after the appeal was granted, Civil Code of Practice, sec. 738, they were in time, because the 1948 Acts were not published at the time this judgment was…”
— Ky. Rev. Stat. § 100.057(1) — 2 cases
Boyd v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 230 S.W.2d 444 (Ky. Ct. App. 1949). “KRS 100.057. The cases were tried together leisurely, much evidence being heard, and judgments were render *198 ed eighteen months after their filing.”
Blakey v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 351 S.W.2d 524 (Ky. Ct. App. 1961).
— Ky. Rev. Stat. § 100.057(2) — 8 cases
Am. Beauty Homes Corp. v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 379 S.W.2d 450 (Ky. Ct. App. 1964). “This re-appraisal has convinced us that one phase of the procedure provided by KRS 100.057 not only is impractical and unworkable, but is unconstitutional.”
Louisville & Jefferson Cnty. Plan. & Zoning Comm'n v. Grady, 273 S.W.2d 563 (Ky. Ct. App. 1954). “On the other hand, it is the appellees’ theory that, since KRS 100.057(2) provides for a hearing de novo on appeal to the circuit court from an order of the Zoning Commission, the court is not restricted solely to a consideration of the correctness of the Commission’s ruling…”
Ray v. Luckett, 332 S.W.2d 848 (Ky. Ct. App. 1960). “Judgment was entered dismissing the appeal, on the ground that notice of the appeal had not been given immediately to all “parties of record,” as required by KRS 100.057(2). The protestants have appealed to this Court.”
Boyd v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 230 S.W.2d 444 (Ky. Ct. App. 1949). “KRS 100.057. The cases were tried together leisurely, much evidence being heard, and judgments were render *198 ed eighteen months after their filing.”
Thomson v. Tafel, 218 S.W.2d 977 (Ky. Ct. App. 1949). “085(2) provides that after an appeal is taken from a ruling of the Board of Adjustment and Appeals the procedure shall be the same as provided in KRS 100.057 with reference to appeals from actions of the Zoning Commision.”
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