Kentucky Public Service Commission v. Shadoan

Summary

The Supreme Court of Kentucky held that the local planning commission, rather than the Kentucky Public Service Commission, had jurisdiction over the placement and construction of a proposed cellular antenna tower because the site was within the geographic jurisdiction of a planning commission that had adopted planning and zoning regulations. The court also held that the appellees substantially complied with KRS 278.420(2) by attaching the relevant PSC order, despite not filing a separately titled designation of the record. The judgment of the Court of Appeals was reversed and the matter was remanded for further proceedings.

Holdings

1. The Shadoans complied with KRS 278.420(2) because, although they did not file a separate document entitled a designation of record, they attached the PSC order disposing of the sole legal issue presented, thereby identifying the only portion of the administrative record necessary and relevant to review.
2. When the proposed cellular tower is located within the jurisdiction of a planning unit that has adopted planning and zoning regulations, jurisdiction over the tower's placement and construction rests with the local planning commission, not the PSC, even if the local planning unit has not enacted regulations specifically addressing cellular towers.

Questions Presented

1. Whether the Shadoans complied with KRS 278.420(2) by attaching the PSC's rehearing order to their petition without filing a separate document formally designated as a designation of record.
2. Whether jurisdiction over the siting and construction of the proposed cellular antenna tower rested with the local planning commission or with the Kentucky Public Service Commission.

Disposition

reversed_and_remanded