Cases

Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals, et al.

Case Number:
35129
Case Date:
02-03-2010
Case Issue:

Jefferson Orchards, Inc. appeals the circuit court's order in a certiorari case regarding a conditional use permit to build a residential development in a rural district. This case was previously before this Court and was remanded for reconsideration in light of this Court's opinion in Far Away Farm, LLC v. Jefferson Board of Zoning Appeals, et al.. Petitioner asserts that on remand the circuit court applied the wrong standard of review; applied an analysis and criteria from an ordinance that this Court held in Far Away Farm does not apply; exceeded the scope of the remand order; and violated petitioner's rights to due process and equal protection.