Ken Isaacs v. Jeff Caldwell Member of Georgetown-Scott County Planning Commission

                                             RENDERED: NOVEMBER 2, 2017
                                                      . TO BE PUBLISHED




                             2015-SC-000265-DG



KEN ISAACS AND                                                     APPELLANTS
ANNETTA CORNETT


                   ON REVIEW FROM COURT OF APPEALS
v.                    CASE NO. 2013-CA-001188-MR
                  SCOTT CIRCUIT.COURT NO. 12-CI-00538


JEFF CALDWELL, GREG HAMPTON, JANET                                   APPELLEES
HOLLAND, ROB JONES, JIMMY
RICHARDSON, JOHN SHIRLEY, MELISSA
WAITE, FRANK WISEMAN, HORACE WYNN,
GEORGETOWN-SCOTT COUNTY PLANNING
COMMISSI9~ MEMBERS; TOWN AND
COUNTRY BANK; AND JOHN TACKETT


              .OPINION OF THE COURT BY JUSTICE VENTERS

                                  AFFIRMING


      Appellants, Ken Isaacs and Annetta Cornett, appeal from a decision of

the Court of Appeals which affirmed the order of the Scott :Circuit Court

dismissing their appeal of a Georgetown-Scott County Planning Commission

(Planning Commission) decision. The Planning Commission had approved a

plat amendment requested by developer John Tackett to remove a planned, but

as yet unconstructed, lake from the development plan applicable to Appellants'
subdivisfon. Appellants sought judicial review of the Commission's action by

filing an appeal in the Scott Circuit Cqurt.

        The circuit court dismissed the appeal after concluding that it lacked .

jurisdiction over the matter because Appellants h.ad not properly commenced

their action within the applicable statutory time period. The Court of Appeals

affirmed the circuit court's order of dismissal. We granted discretionary review.

For the reasons stated below, we       affirm~the   Court of Appeals.


                  I.   FACTUA~       AND PROCEDURAL BACKGROUND
        Appellants are property owners in Harbor Village Subdivision in Scott

County, Kentucky. On June 14, 2012, the Planning Commission approved the
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application of Harbor Village's ·developer, John Tackett, to amend the

subdivision development. plat so that he. could eliminate a proposed lake

featured on the current development plat. Appellants opposed the amendment

o~   the plat upon the grounds that they had purchased their property in the

subdivision relying upon the enhanced aesthetic and economic value that

would be provided by the lake. Town and Country Bank (the Bank) owns the

property upon which the lake was to be situated and is therefore a necessary

party to the appeal. KRS 100.347(4.) states: "The owner of the subject property

and applicants who initiated the proceeding shall be made parties to the

appeal."




                                             2
      Appellants had until July 16, 2012, to appeal the Commission's decision

by initiating an action for judicial review in the circuit court. 1 C?n that

afternoon shortly before cl