Judges: OPINION OF THE COURT BY JUDGE KNIGHT
Attorneys: Andrew S. Moore for appellant.
Leer Buckley and A.E. Funk, Jr. for appellee.
Filed: Dec. 07, 1948
Latest Update: Mar. 02, 2020
Summary: Affirming. Appellant is the owner of the property located on the west side of Broadway between second and third streets in the City of Lexington, known as 253 and 255 North Broadway, title to which he acquired from Edith Berryman Van Meter by deed dated July 26, 1945. The *Page 673 lot has a width of 77 feet on Broadway and extends back 210 feet to an alley 10 feet wide. On the front portion of this lot, distant 18 feet from Broadway, is a large brick residence built in 1881 which has now been c
Summary: Affirming. Appellant is the owner of the property located on the west side of Broadway between second and third streets in the City of Lexington, known as 253 and 255 North Broadway, title to which he acquired from Edith Berryman Van Meter by deed dated July 26, 1945. The *Page 673 lot has a width of 77 feet on Broadway and extends back 210 feet to an alley 10 feet wide. On the front portion of this lot, distant 18 feet from Broadway, is a large brick residence built in 1881 which has now been co..
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I dissent from the decision upon the ground that it is a retroactive application of the zoning ordinance. Its own terms seem to make its application prospective only. But whether so or not, a retroactive application could not be constitutionally made. Darlington v. Board of Councilmen of the City of Frankfort, 282 Ky. 778, 140 S.W.2d 392, 393. The apartment was occupied as a residence for many years by domestic servants and later by a colored man, who was employed off the premises, and his wife, who was the personal attendant of the owner and occupant of the main residence, an invalid, and continued that occupancy for a year after his death. The owner seeks only a permit to improve the interior of the apartment that it may be rented by white people. There would be no real or substantial difference in the use of the property.
Judge Thomas and Judge Latimer join in this dissent.
