KUPPER v. FISCAL COURT OF JEFFERSON COUNTY


346 S.W.2d 766 (1961)

Irvin J. KUPPER, Appellant, v. FISCAL COURT OF JEFFERSON COUNTY, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 23, 1961.


Attorney(s) appearing for the Case

Raymond C. Stephenson, Louisville, for appellant.

Charles W. Dobbins, James T. Carey, Oldham Clarke, Louisville, for appellees.

James W. Stites, Herman E. Frick, Asst. City Atty., W. Scott Miller, Louisville, William S. Riley, Bradford T. Garrison, Dept. of Revenue, Frankfort, Ky., amici curiae.


WILLIAMS, Judge.

The appellant, Irvin J. Kupper, filed a class action seeking a declaration of rights regarding the constitutionality of House Bill 244 adopted by the 1960 Session of the General Assembly (now KRS 68.180 to 68.195) and the resulting Resolution of the Fiscal Court of Jefferson County. The Jefferson Circuit Court, Macauley L. Smith, Judge, declared both the Act and the Resolution constitutional and valid. This appeal results.

The Act permits...

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