City, Davises wrangle over zone change

July 13, 2004|LIZ MAPLES

Jim and Nancy Davis got their zone change, but they have filed suit in Boyle Circuit Court against the Danville City Commission because they believe the four conditions the city attached were illegal.

The zone change was from AR-1, agriculture and residential, to R-1, low density residential, for 58 acres of land on the south side of Perryville Road, west of the U.S. 127 Danville Bypass. The Davises intend to build patio homes on the property.

Danville City Commission granted the change in April with conditions.

* The Davises pay for a study of how traffic will be affected by the development.

* All of the streets built by the Davises had to comply with the city's future street plan.

* Mike and Beth Perros be given an entrance to their property from the Davises' property.

* Sanitary sewerage would be extended by the Davises to their neighbors, Stone Land, L.L.C.


The conditions were drawn up by the Danville-Boyle County Planning and Zoning Commission.

At the city's April meeting the Davises' attorney, Richard Murphy, agreed to the first two conditions, but objected to the last two.

The Davises now want the court to strip all the conditions.

According to the papers filed at the courthouse on June 10 Murphy argues that only urban-county governments are allowed to attach conditions to a zone change. Murphy wrote that the city had no authority to impose conditions, and the conditions were "void, arbitrary and capricious."

Ed Hays, an attorney for the city, filed a response on July 6. He wrote:

* The suit should be dismissed because the Perroses and Stone Land were not included.

* That the Davises must have agreed that it was OK to attach conditions because they agreed to two of the conditions.

* If the court dismisses the conditions then the City Commission should be allowed to reconsider the zone changes.

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