In reversing the trial court’s decision, The Court of Appeals of Kentucky decided that area planning commissions were entitled to governmental immunity. In relying on Comair, Inc. v. Lexington-Fayette Urban County Airport Corp., 295 S.W.3d 91 (Ky. 2009) where the Supreme Court of Kentucky examined the interests that were served in the execution of the entity’s functions noting that if the entity did the work of the state, but on the local level, then immunity was more likely; yet if the entity strictly addressed local problems and interests, then immunity was not likely. Using this philosophy The Court of Appeals of Kentucky reviewed the Northern Kentucky Area Planning Commission. The court noted that the state has an interest in certain zoning and planning decisions even though land use planning and zoning are primarily of local interest. The court also noted that area planning commissions provide licensing and inspections of buildings which is a public safety concern, a concern of the state. In conclusion, The Court of Appeals of Kentucky decided that area planning commissions operate under the authority of the state and protect both local and state interests, giving them governmental immunity.
Northern Kentucky Area Planning Commission v. Cloyd, 332 S.W.3d 91 (Ky. App. 1/15/2010)
The opinion can be accessed at: http://opinions.kycourts.net/coa/2008-CA-001104.pdf
