body action -- Final action defined.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the
board of adjustment and that owns real property within the same zone where the
property that is the subject of the final action is located shall appeal from the action
to the Circuit Court of the county in which the property that is the subject of the
action of the board of adjustment lies. The appeal shall be taken within thirty (30)
days after the final action of the board. All final actions which have not been
appealed within thirty (30) days shall not be subject to judicial review. The board of
adjustment shall be a party in any appeal filed in the Circuit Court under this
subsection.
(2) Any person or entity claiming to be injured or aggrieved by any final action of the
planning commission and that owns real property within the same zone where the
property that is the subject of the final action is located shall appeal from the final
action to the Circuit Court of the county in which the property that is the subject of
the commission's action lies. The appeal shall be taken within thirty (30) days after
the action of the commission. Such action shall not include the commission's
recommendations made to other governmental bodies. All final actions which have
not been appealed within thirty (30) days shall not be subject to judicial review.
Provided, however, any appeal of a planning commission action granting or
denying a variance or conditional use permit authorized by KRS 100.203(5) shall
be taken pursuant to this subsection. In such case, the thirty (30) day period for
taking an appeal begins to run at the time the legislative body grants or denies the
map amendment for the same development. The planning commission shall be a
party in any appeal filed in the Circuit Court under this subsection.
(3) Any person or entity claiming to be injured or aggrieved by any final action of the
legislative body of any city, county, consolidated local government, or urban-
county government, relating to a map amendment and that owns real property
within the same zone where the property that is the subject of the final action is
located shall appeal from the action to the Circuit Court of the county in which the
property that is the subject of the map amendment lies. The appeal shall be taken
within thirty (30) days after the final action of the legislative body. All final actions
which have not been appealed within thirty (30) days shall not be subject to judicial
review. The legislative body shall be a party in any appeal filed in the Circuit Court
under this subsection.
(4) The owner of the subject property and applicants who initiated the proceeding shall
be made parties to the appeal. Other persons speaking at the public hearing are not
required to be made parties to such appeal.
(5) For purposes of this chapter, final action shall be deemed to have occurred on the
calendar date when the vote is taken to approve or disapprove the matter pending
before the body.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 83, sec. 2, effective June 27, 2025. -- Amended
2002 Ky. Acts ch. 346, sec. 153, effective July 15, 2002. -- Amended 1988 Ky. Acts
ch. 144, sec. 8, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 141, sec. 39,
effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172, sec. 82.
Notes of Decisions
Triad Dev./Alta Glyne, Inc. v. Gellhaus, 150 S.W.3d 43 (Ky. 2004).
· cites it 32× “Certainly, there cannot be two final actions for the purposes of KRS 100.347. Consequently, the right to review or appeal must accrue in relation to the first date when the vote is taken.”
Harrison v. Park Hills Bd. of Adjustment, 330 S.W.3d 89 (Ky. Ct. App. 2011).
· cites it 15× “The circuit court also dismissed the Area Planning Commission as a party because it was not a part of the statutory scheme as set forth in KRS 100.347 and, accordingly, was not a proper party to the appeal.”
Spencer Cnty. Pres., Inc. v. Beacon Hill, LLC, 214 S.W.3d 327 (Ky. Ct. App. 2007).
· cites it 7× “KRS 100.347(3) reads as follows: Any person or entity claiming to be injured or aggrieved by any final action of the legislative body of any city, county, consolidated local government, or urban-county government, relating to a map amendment shall appeal from the *329 action to…”
Warren Cnty. Citizens v. Bd. of Commissioners, 207 S.W.3d 7 (Ky. Ct. App. 2006).
· cites it 5× “On November 6, 2003, within thirty days from the City Commission’s enactment of Ordinance No BG2003-52, WCCMG filed an appeal pursuant to KRS 100.347 seeking judicial review of the ordinance.”
Fiscal Court of Jefferson Cnty. v. Don Ridge Land Developing Co., 669 S.W.2d 922 (Ky. 1984).
· cites it 16× “The Fiscal Court argues: (1) that KRS 100.347 requires that a judicial review of a rezoning decision made by a legislative body be filed within thirty (30) days of that body’s action; (2) that a Fiscal Court ordinance, which requires judicial review of such decisions within…”
Taylor v. Duke, 896 S.W.2d 618 (Ky. Ct. App. 1995).
· cites it 4× “The Taylors, however, insist that the circuit court misinterpreted KRS 100.347, and that its time limit has not begun to run.”
Grand Communities, Ltd. v. Stepner, 170 S.W.3d 411 (Ky. Ct. App. 2004).
· cites it 2× “On October 26, 1999, several landowners of property next to the development (including Stepner) filed an appeal in the Boone Circuit Court pursuant to KRS 100.347(3) challenging the City of Florence’s rezoning of the property.”
Bd. of Adjust. of City of Richmond v. Flood, 581 S.W.2d 1 (Ky. 1978).
· cites it 2× “KRS 100.347 provides: “(1) Any person or entity claiming to be injured or aggrieved by any final action of the planning commission or board of adjustments may appeal from the action to the circuit court of the county in which the land lies.”
Leslie v. City of Henderson, 797 S.W.2d 718 (Ky. Ct. App. 1990).
· cites it 7× “However, it should be noted here that Musser was decided prior to the 1988 legislative amendments to the zoning statutes which changed KRS 100.347. The two (2) major changes made were that KRS 100.”
— Ky. Rev. Stat. § 100.347(1) — 25 cases
Harrison v. Park Hills Bd. of Adjustment, 330 S.W.3d 89 (Ky. Ct. App. 2011).
“The circuit court also dismissed the Area Planning Commission as a party because it was not a part of the statutory scheme as set forth in KRS 100.347 and, accordingly, was not a proper party to the appeal.”
— Ky. Rev. Stat. § 100.347(2) — 23 cases
Triad Dev./Alta Glyne, Inc. v. Gellhaus, 150 S.W.3d 43 (Ky. 2004).
“Certainly, there cannot be two final actions for the purposes of KRS 100.347. Consequently, the right to review or appeal must accrue in relation to the first date when the vote is taken.”
Bd. of Adjust. of City of Richmond v. Flood, 581 S.W.2d 1 (Ky. 1978).
“KRS 100.347 provides: “(1) Any person or entity claiming to be injured or aggrieved by any final action of the planning commission or board of adjustments may appeal from the action to the circuit court of the county in which the land lies.”
— Ky. Rev. Stat. § 100.347(3) — 18 cases
Spencer Cnty. Pres., Inc. v. Beacon Hill, LLC, 214 S.W.3d 327 (Ky. Ct. App. 2007).
“KRS 100.347(3) reads as follows: Any person or entity claiming to be injured or aggrieved by any final action of the legislative body of any city, county, consolidated local government, or urban-county government, relating to a map amendment shall appeal from the *329 action to…”
Grand Communities, Ltd. v. Stepner, 170 S.W.3d 411 (Ky. Ct. App. 2004).
“On October 26, 1999, several landowners of property next to the development (including Stepner) filed an appeal in the Boone Circuit Court pursuant to KRS 100.347(3) challenging the City of Florence’s rezoning of the property.”
Triad Dev./Alta Glyne, Inc. v. Gellhaus, 150 S.W.3d 43 (Ky. 2004).
“Certainly, there cannot be two final actions for the purposes of KRS 100.347. Consequently, the right to review or appeal must accrue in relation to the first date when the vote is taken.”
Warren Cnty. Citizens v. Bd. of Commissioners, 207 S.W.3d 7 (Ky. Ct. App. 2006).
“On November 6, 2003, within thirty days from the City Commission’s enactment of Ordinance No BG2003-52, WCCMG filed an appeal pursuant to KRS 100.347 seeking judicial review of the ordinance.”
— Ky. Rev. Stat. § 100.347(4) — 8 cases
Harrison v. Park Hills Bd. of Adjustment, 330 S.W.3d 89 (Ky. Ct. App. 2011).
“The circuit court also dismissed the Area Planning Commission as a party because it was not a part of the statutory scheme as set forth in KRS 100.347 and, accordingly, was not a proper party to the appeal.”
— Ky. Rev. Stat. § 100.347(5) — 7 cases
Triad Dev./Alta Glyne, Inc. v. Gellhaus, 150 S.W.3d 43 (Ky. 2004).
“Certainly, there cannot be two final actions for the purposes of KRS 100.347. Consequently, the right to review or appeal must accrue in relation to the first date when the vote is taken.”
Taylor v. Duke, 896 S.W.2d 618 (Ky. Ct. App. 1995).
“The Taylors, however, insist that the circuit court misinterpreted KRS 100.347, and that its time limit has not begun to run.”
Leslie v. City of Henderson, 797 S.W.2d 718 (Ky. Ct. App. 1990).
“However, it should be noted here that Musser was decided prior to the 1988 legislative amendments to the zoning statutes which changed KRS 100.347. The two (2) major changes made were that KRS 100.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.