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Sanitation District No. 1 of Shelby County v. Shelby County

964 S.W.2d 434 (1998)

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Sanitation District No. 1 of Shelby County v. Shelby County

Kentucky Court of Appeals
964 S.W.2d 434 (1998)

DD

Facts

The Kentucky legislature authorized the creation of sanitation districts within any Kentucky county. The legislature later enacted Ky. Rev. Stat. Ann. § 220.035 (the statute), which granted certain authority over the sanitation districts to the fiscal courts. Under the statute, a fiscal court had the authority to approve or disapprove a sanitation district’s proposed land acquisitions, capital improvements, and budget. The Fiscal Court of Shelby County (the fiscal court) (defendant) passed an ordinance stating its intention to exercise the powers enumerated in the statute. The Sanitation District No. 1 of Shelby County (the sanitation district) (plaintiff) brought suit, arguing that the statute was unconstitutional. The circuit court found that the statute was constitutional. The sanitation district appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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