Hal Snowden, Jr., D/B/A Roseglade Farm v. City of Wilmore, Kentucky ( 2023 )

RENDERED: AUGUST 25, 2023; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2022-CA-0652-MR
HAL SNOWDEN, JR., D/B/A
ROSEGLADE FARM APPELLANT
APPEAL FROM JESSAMINE CIRCUIT COURT
v. HONORABLE C. HUNTER DAUGHERTY, JUDGE
ACTION NO. 17-CI-00158
CITY OF WILMORE, KENTUCKY;
BRIAN DENGER, IN HIS OFFICIAL
CAPACITY AS MEMBER OF THE
JESSAMINE COUNTY – CITY OF
WILMORE JOINT PLANNING
COMMISSION; DAVE CARLSTEDT,
IN HIS OFFICIAL CAPACITY AS
MEMBER OF THE JESSAMINE
COUNTY – CITY OF WILMORE
JOINT PLANNING COMMISSION;
DAVID RIEL, IN HIS OFFICIAL
CAPACITY AS MEMBER OF THE
WILMORE, KENTUCKY, CITY
COUNCIL; DENNIS ADAMS, IN HIS
OFFICIAL CAPACITY AS MEMBER
OF THE JESSAMINE COUNTY –
CITY OF WILMORE JOINT
PLANNING COMMISSION; DON
COLLIVER, IN HIS OFFICIAL
CAPACITY AS MEMBER OF THE
JESSAMINE COUNTY – CITY OF
WILMORE JOINT PLANNING
COMMISSION; ERIC ZABILK, IN
HIS OFFICIAL CAPACITY AS
MEMBER OF THE JESSAMINE
COUNTY – CITY OF WILMORE
JOINT PLANNING COMMISSION;
HAROLD RAINWATER, IN HIS
OFFICIAL CAPACITY AS A
MEMBER OF THE WILMORE,
KENTUCKY, CITY COUNCIL;
HAROLD RAINWATER, IN HIS
OFFICIAL CAPACITY AS MAYOR
OF THE CITY OF WILMORE,
KENTUCKY; JAMES MCKINNEY, IN
HIS OFFICIAL CAPACITY AS
MEMBER OF THE JESSAMINE
COUNTY – CITY OF WILMORE
JOINT PLANNING COMMISSION;
JANE BALL, IN HER OFFICIAL
CAPACITY AS MEMBER OF THE
JESSAMINE COUNTY – CITY OF
WILMORE JOINT PLANNING
COMMISSION; JEFF BAIER, IN HIS
OFFICIAL CAPACITY AS MEMBER
OF THE WILMORE, KENTUCKY,
CITY COUNCIL; JESSAMINE
COUNTY – CITY OF WILMORE
JOINT PLANNING COMMISSION;
JIM BRUMFIELD, IN HIS OFFICIAL
CAPACITY AS MEMBER OF THE
WILMORE, KENTUCKY, CITY
COUNCIL; JOHN OSBORNE, IN HIS
OFFICIAL CAPACITY AS MEMBER
OF THE JESSAMINE COUNTY –
CITY OF WILMORE JOINT
PLANNING COMMISSION; KIM
DEYER, IN HER OFFICIAL
CAPACITY AS MEMBER OF THE
WILMORE, KENTUCKY, CITY
COUNCIL; LEONARD FITCH, IN HIS
OFFICIAL CAPACITY AS MEMBER
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OF THE WILMORE, KENTUCKY,
CITY COUNCIL; LYNN COOPER, IN
HER OFFICIAL CAPACITY AS
MEMBER OF THE WILMORE,
KENTUCKY, CITY COUNCIL;
MARY JO MORROW, IN HER
OFFICIAL CAPACITY AS MEMBER
OF THE JESSAMINE COUNTY –
CITY OF WILMORE JOINT
PLANNING COMMISSION; AND
PETER BEATY, IN HIS OFFICIAL
CAPACITY AS MEMBER OF THE
JESSAMINE COUNTY – CITY OF
WILMORE JOINT PLANNING
COMMISSION APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE: DIXON, GOODWINE, AND KAREM, JUDGES.
GOODWINE, JUDGE: Hal Snowden, Jr. (“Snowden”) appeals from orders of the
Jessamine Circuit Court entered on October 28, 2018, November 9, 2018, August
9, 2019, July 20, 2020, September 24, 2020, May 12, 2021, March 22, 2022, and
April 18, 2022. After careful review, we find no error and affirm.
BACKGROUND
This matter, litigated for nearly three decades, concerns the location
and size of a conservation easement on Snowden’s property, Roseglade Farm, in
Wilmore, Kentucky. The history of this matter includes a 2018 appeal in this
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action and two prior appeals to this Court in related actions concerning the
development of Roseglade Farm.1 In the 2018 appeal, this Court summarized the
history of this matter as follows:
Snowden owns a 175-acre parcel of land referred
to as Roseglade Farm. The northeast portion of the tract
lies near the “Y” intersection of U.S. Highway 68 and
Kentucky Highway 29 in Jessamine County. . . .
In 1997, Snowden submitted an application for a
zone change for the farm from agricultural to residential.
A review of the several public hearings conducted as part
of the zoning process indicates that the matter was hotly
contested. Members of the public were most concerned
that greenspace would be lost across that part of
Roseglade [F]arm lying between two historic homes on
the northern part of the farm near the Y-intersection of
U.S. Highway 68 and Kentucky 29. However,
Snowden’s preliminary plan for the development of the
farm explicitly depicted greenspace at this location,
setting aside slightly more than 100 acres (identified as
the East Field Permanent Greenspace Area) for continued
agricultural uses.
In December 1997, the Wilmore City Council
approved a zone change of the farm from A-1 to R-5 as
consistent with the Wilmore Comprehensive Plan. “R-5”
is designated a rural transition zone. The local zoning
ordinance provides that those areas within the City of
Wilmore zoned as R-5 should function as transition areas
between the smaller urban lots found in the Wilmore
community and the five (5) – acre minimum density lots
found in the agricultural areas of surrounding Jessamine
County. In R-5 zones, both agricultural and residential
1
See Kopser, et al. v. City of Wilmore, No. 2001-CA-000232-MR (Ky. App. Mar. 1, 2002); see
also Snowden v. City of Wilmore, 412 S.W.3d 195 (Ky. App. 2013); see also City of Wilmore v.
Snowden, No. 2017-CA-001345-MR, 2018 WL 4264921 (Ky. App. Sep. 7, 2018).
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development are permitted. According to the ordinance,
this zone “shall provide a permanent green space/buffer
area to the growing areas of Wilmore and allow a
compatible transition into the active agricultural areas of
the surrounding County.” As a condition to development
in this zone, “an undeveloped portion of the parent
tract . . . will remain in permanent green space.”
The town council found that “the proposed zone
change and development plan are in agreement with the
comprehensive plan as they meet all the criteria of the
requirements of an R-5 zoning classification, the goals
and objectives and the Wilmore Community Plan.” It
also found that there “is a present need for residential
property as proposed by the applicant. His property
provides for and protects a substantial green space along
the two abutting highways [the Y-intersection at U.S.
Highway 68 and Kentucky Highway 29].”
Snowden, 2018 WL 4264921, at *1. In December 1998, Snowden dedicated
approximately 100 acres of the farm to the City of Wilmore (“the City”) as a
conservation easement. Id. The deed of conservation easement stated, in part,
[t]he property includes a designated area of permanent
greenspace, as shown on Exhibit “B” and described in
Exhibit “C” attached hereto and incorporated herein by
this reference, and such area shall be maintained
perpetually subject to the terms and restrictions of this
Conservation Easement[.]
Id. at *2.2 The deed further described the conservation easement as containing
“open space of approximately 100 acres of farmland, pastures, and grassland[.]”
Id. The easement consisted of “approximately 4,100 feet of frontage along U.S.
2
Neither Exhibit B nor C was attached to the deed, nor did it appear from the record that either
had ever been prepared.
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Highway 68 . . . and approximately 3,000 feet of frontage along Kentucky
Highway 29[.] . . . Furthermore, the [conservation easement] is specifically located
at the beginning of the Kentucky Highway 29 scenic entry corridor to the City of
Wilmore[.]” Id. The deed also describes the Betty Bryan House and Ashbrook
House as “immediately adjacent” to the easement. Id. The deed states that “the
remaining balance” of the property, meaning Roseglade Farm, would be rezoned to
R-5 to allow for development. Id. at *3.
In 2016, Snowden applied again to the planning
commission for a new consideration of a plan to develop
Roseglade Farm into 174 residential lots of
approximately .25 acres each. This plan for the property
reconfigured the preliminary development plan prepared
in August 1997 (and approved in December 1997) by
inverting the proposed residential area as platted and the
greenspace area referred to in the conservation easement.
Under Snowden’s amended plan, the residential area
would now be located on the northeast portion of the
farm near the Y-intersection of U.S. Highway 68 and
Kentucky 29. The revised preliminary plat and amended
development plan indicated that Snowden would grant to
the City of Wilmore a substitute conservation easement
to include the newly envisioned permanent greenspace
areas identified on the revised preliminary plat.
Because the property that Snowden proposed to
develop encompassed the conservation easement, the
planning commission advised him in writing that it
would not approve the amended development plan absent
the agreement of the town council to release or modify
the easement recorded in January 1999. Snowden
represented to the town council that the 1999
conservation easement “will remain totally intact and
valid until such time that a new easement for the land
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residual may be established.” Nevertheless, through a
resolution adopted on January 17, 2017, the town council
denied Snowden’s request to modify or release the 1999
conservation easement. Snowden sought to void any
arguable binding effect of the 1999 conservation/
agreement.
On March 9, 2017, Snowden filed a complaint for
declaratory relief in the Jessamine Circuit Court.
Snowden contended that he had a continuing right to
modify and amend his preliminary development plan for
Roseglade Farm subject only to the rules, regulations,
and processes of the planning commission and without
regard for the conservation easement recorded in 1999.
Snowden argued that the portion of the farm that the
parties intended to subject to the conservation easement
“would and could only be identified with specificity at a
future date when the [planning commission] approved
‘final construction plans.’” He contended that as a
consequence, the easement “obviously fails to
sufficiently identify the dimensions and boundaries of the
property” and that the physical location of the property
that it purported to encumber could not be located with
reasonable certainty. In essence, Snowden sought to void
any binding effect or continuity of his original
conservation easement. The City of Wilmore and
members of the town council denied that Snowden was
entitled to the relief he sought.
Id. at *4. The circuit court granted summary judgment in favor of Snowden,
finding the conservation easement facially void and unenforceable because the
description of the encumbered property was inadequate. Id. at *5. The City of
Wilmore appealed.
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This Court reversed the summary judgment of the circuit court,
holding the description was adequate under KRS3 Chapter 382, the Uniform
Conservation Easement Act. Snowden , 2018 WL 4264921, at *5. Specifically,
this Court determined
[d]espite the absence of Exhibits B and C identified in
the written easement at the center of this dispute, the
dimensions and boundaries of the conservation easement
can be physically located with reasonable certainty.
Roseglade Farm is bounded by U.S. Highway 68 to the
north and Kentucky Highway 29 to the southeast. These
highways intersect at a point just northeast of the farm.
The description of the encumbered property indicates that
it forms a quadrilateral. The location of two of its sides
are defined by the location of the two highways
bordering the farm; the third side is defined by its
intersection with the first two (and is more particularly
described as that part of the farm bordering the existing
commercial property located at the Y-intersection lying
to the northeast); the fourth is, therefore, readily
ascertainable. Moreover, the [conservation easement] is
described as consisting of approximately 100 acres lying
between the Betty Bryan House and the Ashbrook House
and “located at the beginning of the Kentucky Highway
29 scenic entry corridor to the City of Wilmore.”
Finally, the easement provides that its objective is
to comply with the requirements of the R-5 zone calling
for a transition area between the City of Wilmore lying to
the southwest of the farm and the agricultural areas of
Jessamine County lying to its west, north, and south. The
dimensions and boundaries of the conservation easement
are fairly delineated. Its situs is clear. Consequently, we
agree with the [City of Wilmore] that the easement is not
3
Kentucky Revised Statutes.
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void as a matter of law but that it is instead susceptible of
enforcement.
Id.After the 2018 appeal, Snowden moved for a declaration of rights,
requesting the circuit court determine the location and boundaries of the
conservation easement. The circuit court denied Snowden’s motion on October 26,
2018. Snowden timely moved to alter, amend, or vacate the order. On November
9, 2018, the circuit court granted Snowden’s motion to the extent that it amended
the order to remove language making the October 26, 2018 order final and
appealable. Over the City’s objection, the circuit court also allowed Snowden to
amend his complaint to include claims of legislative invalidity, res judicata, failure
of a condition subsequent, mutual mistake, integration of the agreement, and
spoliation of evidence.
Snowden then moved for partial summary judgment on his claim that
the conservation easement was legislatively invalid, making it nonbinding and
unenforceable. On July 20, 2020, the circuit court denied his motion, finding that
under KRS 83A.010, a conservation easement is not an “ordinance.” Record (“R”)
at 515.4 Snowden again timely moved to vacate the court’s order. On September
24, 2020, the court denied the motion but informed the parties it would “consider
4
Citations to the record in this case are to volumes titled “After 1st Appeal.”
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whether a final plat is required to convey [a] valid easement and whether the law of
the case or any other defense, precludes [Snowden] from raising that issue at this
time.” R. at 617.
After briefing by the parties, the circuit court entered an interlocutory
order on May 12, 2021, resolving those issues. The court found that the law of the
case doctrine precluded any argument by Snowden regarding the adequacy of the
description of the conservation easement, including his argument that a final plat is
required for an easement to be valid. The court then scheduled a hearing to
determine the exact location of the easement consistent with the 2018 opinion of
this Court.
At the hearing, the parties presented evidence on the location of the
easement, primarily focusing on the disputed fourth boundary of the quadrilateral
referenced in the 2018 opinion. Snowden argued the boundary was the sightline
between the Betty Bryan House and Ashbrook House. This would make the
easement approximately 40 acres in total. Snowden claimed the City, both in
writing and orally, made judicial admissions asserting the boundary was the
sightline between the two homes. The City presented testimony from the mayor of
the City and the chairman of the Jessamine County/City of Wilmore Joint Planning
Commission. It argued the court should rely on Snowden’s development plan,
presented to the city council in support of his request for the change in zoning in
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1998, to determine the location of the easement. The development plan depicts
“permanent greenspace” of approximately 105 acres.
In its March 22, 2022 judgment, the circuit court held, based on the
2018 opinion, there exists no material issue of fact as to the description of the
easement. It further determined Snowden asserted no issue of material fact
concerning any of his other claims and any legal issues had been resolved by prior
orders. On this basis, the court dismissed Snowden’s remaining claims. Both
parties timely moved to alter, amend, or vacate the judgment because it did not
address the location of the easement. Snowden also requested the court vacate the
dismissal of his claims because they remained unresolved.
The circuit court amended its judgment on April 18, 2022, identifying
the location of the conservation easement based on Snowden’s development plan.
The court determined an evidentiary hearing was necessary because the easement
contained a latent ambiguity requiring consideration of parol evidence to determine
the location of the fourth boundary.
The circuit court was unconvinced by Snowden’s argument that the
City must be bound by its statements that the fourth boundary is the sightline
between the two historic homes. The court determined that at no time did the City
assert the sightline between the two homes would constitute the entirety of the
easement. The court found any statements the City or its counsel made regarding
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the sightline “were clearly inconsistent with the more specific portions of the
City’s argument[,]” including its repeated assertion that the easement consisted of
approximately 100 acres. R. at 882.
The circuit court found there was “overwhelming evidence” that the
parties intended for the location of the easement to be based on Snowden’s
development plan and that the plan was likely meant to be one of the missing
exhibits. While the sightline between the two historic homes as the fourth side
would create an easement of approximately 40 acres, the “permanent greenspace”
referenced in the development plan amounts to 105.31 acres. The plan was also
consistent with Snowden’s statements to the Planning Commission and city
council in 1997, the easement description, and the 2018 opinion of this Court.5
The development plan accurately depicted the frontage amounts along U.S.
Highway 68 and Kentucky Highway 29 included in the description. Based on the
development plan, the circuit court held
The legal description of the Conservation Easement
conveyed by Mr. Snowden to the City of Wilmore shall
be the area described as the East Field Permanent
Greenspace Area of 83.10 acres and the West Field
Permanent Greenspace Area of 22.21 acres for a total of
105.31 acres, as shown on [the City’s] Exhibit 5 from the
5
Despite Snowden’s repeated assertion otherwise, this Court’s opinion did not reference the
“sightline” between the two homes. Instead, this Court only described the conservation
easement as “consisting of approximately 100 acres lying between the Betty Bryan House and
the Ashbrook House.”
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trial of June 28, 2021, which is incorporated herein by
reference.
Id. at 886. This appeal followed.
STANDARD OF REVIEW
Decisions on motions for summary judgment, applications of the law
of the case doctrine, and determinations of whether statements are judicial
admissions are all reviewed de novo. Martin v. Wallace, 651 S.W.3d 753, 756
(Ky. 2022) (citation omitted); University Medical Center, Inc. v. Beglin, 432
S.W.3d 175, 178 (Ky. App. 2014); Reece v. Dixie Warehouse and Cartage Co.,
188 S.W.3d 440, 448 (Ky. App. 2006) (footnote omitted).
ANALYSIS
On appeal, Snowden argues the circuit court erred in three respects:
(1) by applying the law of the case doctrine; (2) by denying his motion for
summary judgment because the conservation easement is legislatively invalid; and,
(3) by not finding the City’s statements regarding the “sightline” between the two
historic homes to be judicial admissions. Snowden further argues that this Court,
in Kopser, No. 2001-CA-000232-MR, determined his development plan was not
final or binding upon him.
First, the law of the case is “an iron rule, universally recognized, that
an opinion or decision of an appellate court in the same cause is the law of the case
for a subsequent trial or appeal[.]” TECO Mechanical Contractor, Inc. v. Kentucky
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Labor Cabinet, 474 S.W.3d 153, 158 (Ky. App. 2014) (citation omitted). Once an
issue is decided by an appellate court, it cannot be relitigated. St. Clair v.
Commonwealth, 455 S.W.3d 869, 887 (Ky. 2015) (citation omitted). The doctrine
guards against parties endlessly revisiting previously decided issues so that
litigants can be ensured finality of appellate decisions. Wright v. Carroll, 452
S.W.3d 127, 130 (Ky. 2014) (citation omitted).
In both the May 12, 2021 interlocutory and March 22, 2022
judgments, the circuit court correctly determined that Snowden was precluded
from raising any issue concerning the adequacy of the description in the
conservation easement, including his argument regarding whether a final plat is
necessary. This Court’s 2018 decision determined the description was adequate
and that decision cannot now be relitigated.
As to any claim not relating to the adequacy of the description,
Snowden was given adequate opportunity to litigate all his claims. Importantly, in
the March 22, 2022 judgment, the circuit court did not dismiss Snowden’s other
claims based on the law of the case but instead determined he had asserted no issue
of material fact relating to any of his remaining claims. See Steelvest, Inc. v.
Scansteel Service Center, Inc., 807 S.W.2d 476, 480 (Ky. 1991).6 He was given
6
It appears from the record that the circuit court granted summary judgment on Snowden’s
claims sua sponte. Despite having argued in briefing that Snowden’s amended complaint should
have been dismissed based on the law of the case doctrine, the City did not formally move for
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ample time to complete the discovery. Blankenship v. Collier, 302 S.W.3d 665,
668 (Ky. 2010) (citation omitted). The record contains numerous notices of
depositions, interrogatories, and requests for the production of documents from
Snowden. The record does not reveal any genuine issue of material fact.
Furthermore, on appeal, Snowden identifies no such issue. Instead, he focuses the
entirety of his argument on the law of the case doctrine. We can only find that the
circuit court properly dismissed his claims.
Furthermore, the circuit court properly denied summary judgment on
Snowden’s claim of legislative invalidity. He claims the conservation easement is
void because the City did not comply with the procedure for passing ordinances
under KRS 83A.060. In its July 20, 2020 interlocutory order, the circuit court
found that acceptance and approval of a conservation easement do not constitute an
ordinance under KRS 83A.010(11), meaning that the procedures a city must follow
to pass an ordinance do not apply. Snowden again makes no argument contesting
the reasoning of the circuit court.
An ordinance is “an official action of a city legislative body, which is
a regulation of a general and permanent nature and enforceable as a local law or is
an appropriation of money.” KRS 83A.010(11). A conservation easement is not
summary judgment. Kentucky law discourages sua sponte dismissals. Smith v. Norton
Hospitals, Inc., 488 S.W.3d 23, 35 (Ky. App. 2016) (citation omitted). However, this issue is not
before us.
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an appropriation of money. Although an easement such as the one agreed to by
Snowden and the City is an official action and of a permanent nature, it is not
“general.” Like any easement, a conservation easement is created by and
interpreted as a contract. Vorherr v. Coldiron, 525 S.W.3d 532, 542 (Ky. App.
2017) (citations omitted); see also KRS 382.810(1). As a contract, the easement
binds only the parties thereto – Snowden and the City. See Ping v. Beverly
Enterprises, Inc., 376 S.W.3d 581, 595 (Ky. 2012). Therefore, it cannot be defined
as “general.”
The easement also is not “enforceable as a local law” under KRS
83A.065. The City cannot cite, fine, or penalize Snowden for violating the
easement. KRS 83A.065(1). A violation would not be a misdemeanor. KRS
83A.065(2). Instead, the circuit court correctly cites section 6 of the easement
itself, which lists remedies available to the City. R. at 30-31. Where Snowden has
not cited any authority contradicting this analysis, we affirm the circuit court’s July
20, 2020 order.
Next, the circuit court appropriately found that the City’s statements
were not judicial admissions. A judicial admission is “a formal statement
concerning a disputed fact, made by a party during a judicial proceeding, that is
adverse to that party, and that is deliberate, clear, and uncontradicted[.]” Turner v.
C & R Asphalt, LLC, 579 S.W.3d 194, 197 (Ky. App. 2019) (citation omitted).
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“The conclusiveness of a judicial admission should be determined in the light of all
the conditions and circumstances proven in the case.” Reece, 188 S.W.3d at 448(internal quotation marks and footnote omitted). Such admissions must be
narrowly construed. Id.Here, Snowden asserts the City made judicial admissions when
describing the easement, referring to the “sightline” between the Betty Bryan
House and the Ashbrook House. Although these statements were adverse to the
City’s interests, they do not constitute judicial admissions as to the fourth boundary
of the easement. These statements are directly contradicted by the City’s constant
assertion that the easement consists of approximately 100 acres, which is
consistent with the description of the easement and Snowden’s development plan.
Although imprecise, these statements cannot be considered judicial admissions
because they are not uncontradicted.
Finally, Snowden’s argument that his development plan is not
“binding on him” based on this Court’s decision in Kopser, No. 2001-CA-000232-
MR, is incorrect. In Kopser, this Court affirmed an order of the circuit court which
held an agreed order between the parties “did not prevent Snowden from
proceeding with the typical planning process including seeking modifications or
variances from the original preliminary plat as provided by the rules and
regulations of the Planning Commission.” Id. at 4. This Court described the
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preliminary plat as “illustrative.” Id. at 10. Although Snowden and the City were
parties to Kopser, it is a distinct action from the current matter. Kopser originated
as a challenge by adjacent property owners to the rezoning sought by Snowden and
granted by the city council. Although this Court acknowledged Snowden’s right to
pursue usual planning procedures through the planning commission, the opinion
did not pertain to the conservation easement. Instead, it appears to relate to the
housing development Snowden intended to implement on the remainder of the
property.7
Here, the circuit court did not limit Snowden’s ability to pursue
changes to his development plan before the planning commission. This action was
immediately preceded by Snowden’s unsuccessful attempt to do so in 2016.
Instead, the court relied upon the plan to determine where the parties intended the
conservation easement to be located. It is appropriate to use extrinsic evidence to
ascertain the parties’ intent where the evidence shows “the circumstances
surrounding execution of the contract, the subject matter of the contract, the
objects to be accomplished, [or] the conduct of the parties.” Vorherr, 525 S.W.3d
at 543 (citations omitted). The development plan is clear evidence of the parties’
7
Because Kopser arose from a separate circuit court action, the record is not before us.
However, the opinion of this Court references an agreement among the parties stipulating to
various conditions which appear to relate to construction of a subdivision.
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intent when the easement was executed. Nothing in Kopser precludes the court
from relying upon the plan in this manner.
CONCLUSION
Based on the foregoing, the October 28, 2018, November 9, 2018,
August 9, 2019, July 20, 2020, September 24, 2020, May 12, 2021, March 22,
2022, and April 18, 2022 orders of the Jessamine Circuit Court are affirmed.
Specifically, the circuit court’s reliance on Snowden’s development plan and the
resulting description of the location of the easement contained in its April 18, 2022
amended judgment are affirmed. Furthermore, the court properly dismissed
Snowden’s remaining claims.
ALL CONCUR.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEES CITY OF
WILMORE AND JESSAMINE
Carl D. Edwards, Jr. COUNTY/CITY OF WILMORE
Will E. Messer JOINT PLANNING COMMISSION:
Lexington, Kentucky
Robert L. Gullette, Jr.
Christopher M. Clendenen Nicholasville, Kentucky
Lexington, Kentucky
Henry E. Smith
Nicholasville, Kentucky
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