Residents Appeal Fiscal Court's Rezoning Decision

A local attorney filed an appeal Thursday on behalf of several residents affected by the McCracken County Fiscal Court's recent decision to rezone property near their homes.



Paducah Attorney Edward K. Box filed the appeal Thursday in McCracken Circuit Court, which names the Fiscal Court and the McCracken County Planning Commission as respondents. The request to reclassify the property along US 45 near the Pine Creek subdivision from residential to commercial was approved June 22 in a 3-1 vote, clearing the way for a Dollar General store to be built there.



The approval came despite outcries from surrounding residents at a June 8 public hearing that the store would disrupt daily life, present safety hazards and negatively affect property values in the immediate area.



In addition to these grievances, which petitioners claim were not properly considered by county officials, the appeal alleges that property owner Kenneth Richards was never listed as an applicant on the zoning change application. Box said Dollar General developer Susan Cox submitted the application. "I haven't seen any zone application which lists him as the applicant. Everything I've seen just shows him as property owner." Box said.



According to Box, the property owner must be listed as the applicant, or must authorize someone else to act on his behalf for the application to be considered legal. Richards and Cox are also named respondents in the appeal.



The case has been assigned to Judge Tim Kaltenbach. Box said he expects to get a ruling within a few months. "I would say within six months from today the judge will probably make a decision, and maybe even sooner than that." Box said.