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CUMMINGS v. PENDLETON COUNTY BOARD OF EDUCATION

305 S.W.2d 314 (1957)

Ernest CUMMINGS, for Himself and for All Other Taxpayers In the Pendleton County School District Similarly Situated, Appellant, v. PENDLETON COUNTY BOARD OF EDUCATION et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 18, 1957.

Attorney(s) appearing for the Case

C. S. Landrum, Lexington, P. M. Lanier, Louisville, H. B. Best, Falmouth, for appellant.

C. W. Grafton, Louisville, C. Harold Ewing, Falmouth, for appellees.

CAMMACK, Judge.

At an election held on May 29, 1956, the voters of the Pendleton County School District approved a special school building fund tax under KRS 160.477. A taxpayers' suit then was brought by one Ernest Cummings, questioning the validity of the election on the ground that the order of the fiscal court calling the election did not meet the requirements of KRS 67.100 which prescribes the formalities for fiscal court orders. The circuit court held the election...

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