dissenting.
I respectfully dissent from the majority opinion because the statute provides no specific limitation on the veto power of the Mayor. K.R.S. 67A.010 is the legislative grant authorizing local determination regarding the structure of urban county government. K.R.S. 67A.070(4) provides the chief executive officer of the urban county government with a timely veto power. It also recognizes that limitation on the veto power may be established by charter. Section 5.05 of the charter of the Lexington-Fayette Urban County Government limits the veto power of the mayor to act and specifically lists four areas where the mayor has no veto power. Section 5.05 does not mention any limit on the veto power of the mayor regarding zoning ordinances. In view of the absence of any specific limitation, the Mayor was within his rights to veto this zoning ordinance.
It should also be observed that the veto power of the mayor may be overridden by a three/fifths vote of the council. No such vote to override was taken.
The contention that the mayor was arbitrarily using his power was without merit. As long as the zoning decision is based on logic and reason, the court should not substitute its judgment for that of the local authority. Fried v. Louisville & Jefferson County Planning and Zoning Commission, Ky., 258 S.W.2d 466 (1953). There is no evidence that the mayor was arbitrary in exercising his veto. As a matter of fact, his veto reinstated the decision of the Planning and Zoning Commission. I would affirm the decision of the Court of Appeals.
SPAIN, J., joins in this dissent.