A Kentucky Court of Appeals upheld the lower court ruling Friday that the Scott County Board of Adjustments was within its jurisdiction to reject an expansion plan proposed by Central Kentucky Landfill.

Waste Services of the Bluegrass appealed a court ruling that a determination by Scott County Planning and Zoning Director Joe Kane and the subsequent adoption by the Scott County Board of Adjustments to deny a 500-acre expansion because it was in violation of the county’s zoning policies. Special Judge Phillip J. Shepherd upheld the lower court ruling.

“Based on a wealth of documentary and testimonial evidence before SCBOA, the Court finds that the Board’s ruling — that the proposed uses of the 500-acre tract were not agricultural in nature, and the tract required rezoning for the planned expansion — was based on substantial evidence and was not arbitrary,” stated the court ruling.

More details of this breaking story will be in the Tuesday edition of the News-Graphic.

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