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Miller v. Covington Development Authority

539 S.W.2d 1 (1976)

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Miller v. Covington Development Authority

Kentucky Supreme Court
539 S.W.2d 1 (1976)

  • Written by Tammy Boggs, JD

Facts

The state legislature passed the Local Development Authority Act (the act) and a related financing law. The legislature’s goal was to allow cities to preserve and revitalize their “historically or economically significant local areas” while accommodating central city and suburban growth. The act allowed for a municipality to create a local administrative agency (LDA) consisting of the mayor or the mayor’s designee and seven commissioners appointed by the mayor, with the approval of the governing body. Then, without approval of the governing body, the LDA was authorized to create a development plan for designated project areas, perform renovations, construct housing, and provide for other land uses. Also, without legislative approval, the LDA had powers to finance and construct development projects, such as issuing debt, acquiring land, and contracting with builders. Opponents of the act (plaintiffs) sued an LDA, the Covington Development Authority (defendant), challenging the act’s validity. The trial court upheld the act. The matter was reviewed by the Kansas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Palmore, J.)

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