Kentucky Complaint or Petition for Judgment Declaring a Nonconforming Use

State:
Multi-State
Control #:
US-01287BG
Format:
Word; 
Rich Text
Instant download

Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint Or Petition For Judgment Declaring A Nonconforming Use?

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FAQ

Nonconforming Structure, use, or lot ? A nonconforming structure, use, or lot has been lawfully established in the past but no longer meets the current code requirements (i.e. setback, height, parking, use, lot size, etc.)

Rule 77.04 - Notice of entry of judgments and orders (1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner ...

--(1) Any party aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order.

How does the appeals process work? After a conviction, the trial court schedules a sentencing hearing. If the defendant wishes to appeal the conviction, he or she must file a Notice of Appeal within 30 days of sentencing. The record of the original trial is prepared and certified.

Rule RAP 43 - Petition for Rehearing or Other Relief as to Opinion or Opinion and Order or Motion for Reconsideration of Order (A)Scope of Rule. Any decision of the Supreme Court or Court of Appeals styled an "Opinion" or "Opinion and Order" is governed by Section (B) of this rule.

(1) In all civil cases appealed to the Court of Appeals, except those specified in paragraph (A)(2), each appellant and cross-appellant shall file a prehearing statement no later than 20 days from the filing of its respective notice of appeal or cross-appeal.

Unless a statute or court rule provides a different time, the notice of appeal required by RAP 2 shall be filed with the clerk of the court from which the appeal is taken no later than 30 days from the date of notation of service of the judgment or order appealed from.

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Kentucky Complaint or Petition for Judgment Declaring a Nonconforming Use