KY Court of Appeals rules on Saddle Ridge
The Kentucky Court of Appeals overturned the Shelby Circuit Court's approval of the R-4 (high density) zone changes for the Saddle Ridge development, that would be partly in and partly outside of Simpsonville.
The Kentucky Court of Appeals issued a ruling on February 9, 2007, on the appeals of the zone changes for the Saddle Ridge development, that would be in partly in Simpsonville and partly outside of Simpsonville. The Court overturned the decision of the Shelby Circuit Court that upheld the approvals of the zone changes.
The Court of Appeals concluded that the Triple S Commission's "findings that ICON's map amendment proposals agree with Shelby County's Comprehensive Plan are not supported by substantial evidence in the record, are therefore arbitrary, and thus do not meet the requirements of KRS 100.213(1)."
The Court stated that, "By arbitrary we mean clearly erroneous and by clearly erroneous we mean unsupported by substantial evidence."
The Court sent the matter back to the "Shelby Circuit Court wih directions that the cases be remanded to the Triple S Planning Commission for a review of the existing record and a new recommendation considering the Planning Commission's finding of fact . . ."
To view the complete Opinion of the Court, click Saddle Ridge Court of Appeals Ruling.