Edelen v. Nelson County

4 Citing cases

  1. Glascock v. Baltimore County

    321 Md. 118 (Md. 1990)   Cited 12 times
    Holding that the Legislature did not intend the State to be bound by local zoning regulations when constructing a communications tower because the Legislature "neither named the State nor manifested an intention that it be bound by the provisions of the enabling act which granted zoning authority to the City"

    In McGrath v. City of Manchester, 113 N.H. 355, 307 A.2d 830, 831 (1973), the New Hampshire Supreme Court, also citing Nehbras, supra, adopted the majority rule "that a city is not bound by its own zoning ordinance in the performance of its governmental functions absent any statutory provisions to the contrary." See also Edelen v. Nelson County, 723 S.W.2d 887 (Ky.App. 1987) (city or county is instrumentality of state government and, as such, is immune from complying with zoning regulations); Town of Kearny v. Clark, 213 N.J. Super. 152, 516 A.2d 1126 (1986) (a county "is an agency of State" and it is generally held that state agencies are not subject to municipal zoning regulations); Lauderdale County Board of Education v. Alexander, 269 Ala. 79, 110 So.2d 911 (1959); A.I.A. Mobile Home Park, Inc. v. Brevard County, 246 So.2d 126 (Fla. 1971). The rule is well stated in 8 McQuillan Municipal Corporations § 25.15 (3rd ed. 1983):

  2. Worthington Hills v. Worthington F

    140 S.W.3d 584 (Ky. Ct. App. 2004)   Cited 30 times

    A sixth class city clearly constitutes an instrumentality of state government under KRS 100.361(2) and, thus, is immune from complying with planning and zoning regulations. See City of Louisville Bd. of Zoning Adjustment v. Gailor, Ky.App., 920 S.W.2d 887 (1996); Edelen v. Nelson County, Ky.App., 723 S.W.2d 887 (1987). Therefore, we must conclude that the City is not bound by § 14.2 of the Jefferson County Development Code.

  3. Louisville Bd. of Zoning Adj. v. Gailor

    920 S.W.2d 887 (Ky. Ct. App. 1996)   Cited 6 times

    However, adequate information concerning the proposals shall be furnished to the planning commission. . . . We decided in Edelen v. Nelson County, Ky.App., 723 S.W.2d 887, 889 (1987) that "A city or county is an instrumentality of state government, and as such, is immune from complying with zoning regulations." That case also dealt with the construction of a county jail contrary to the local zoning regulations.

  4. Statewide Development Co. v. Lexington Fayette Urban County Government

    821 S.W.2d 97 (Ky. Ct. App. 1991)   Cited 3 times

    " Cities and counties, as local governmental units, are instrumentalities of state government, "and as such, [are] immune from complying with zoning regulations." Edelen v. Nelson County, Ky.App., 723 S.W.2d 887, 889 (1987). Zoning regulations may not override implementation of governmental functions.