Friday, August 31, 2012
Kathy Moore (Kentucky) has posted The Lexington-Fayette Urban County Board of Adjustment: Fifty Years Later (Kentucky Law Journal) on SSRN. Here's the abstract:
years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case
study of the practice of law before the Lexington-Fayette Urban County
(LFUC) Board of Adjustment. This Article presents a new empirical study
of the LFUC Board of Adjustment. Specifically, the study covers the
eighteen month period from the Board’s July 2007 meeting through its
December 2008 meeting. This Article discusses how the practice has
changed and improved in the years since the Dukeminier-Stapleton study
and the problems and difficulties that still remain.
The Article begins by describing the current procedure before the LFUC Board of Adjustment and how it has changed since the Dukeminier-Stapleton study. It then addresses the three basic types of appeals the Board considers: (1) variances, (2) conditional use permits, and (3) administrative appeals from the zoning administrator. With respect to each type of appeal, the Article first describes the governing law and how it has changed since the Dukeminier-Stapleton study. It then provides an empirical study of the Board’s voting behavior. The Article concludes with an overview of the ways in which the law and practice have changed since the Dukeminier-Stapleton study and the problems that remain.