The case of 224 E. Oak St. 40203 and its non-conforming use.
Our legal team, the Pike Legal Group, completed and timely filed
the Appellants' Brief on Wednesday, Nov. 16, 2011.
Our opponents Response to our Brief must be filed by December 16, 2011.
We expect our opponents to argue for a permissive approach which makes it very difficult to determine a nonconforming use has been abandoned. Such a permissive approach could prevent the subject property from reverting to the lower density occupancy standards of the Traditional Neighborhood Zoning District ("TNZD"). The approach the Board of Zoning Adjustment is required to use to determine abandonment could have implications for many properties throughout Old Louisville.
Our opponents Response to our Brief must be filed by December 16, 2011.
We expect our opponents to argue for a permissive approach which makes it very difficult to determine a nonconforming use has been abandoned. Such a permissive approach could prevent the subject property from reverting to the lower density occupancy standards of the Traditional Neighborhood Zoning District ("TNZD"). The approach the Board of Zoning Adjustment is required to use to determine abandonment could have implications for many properties throughout Old Louisville.
Our legal team will need to file a Reply Brief to our opponents' Response Brief by January 3, 2012. These filings are a matter of public record. The Judge will then decide whether to have oral argument prior to issuing a ruling on the merits of the case.
As soon as more specific information is appropriate for publication
it will appear on this blog site. Visit again soon, and please consider a donation to our legal defense fund. Our effort is impossible without your support.
