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CITY OF LOUISVILLE v. BOARD OF EDUCATION OF LOUISVILLE

343 S.W.2d 394 (1961)

CITY OF LOUISVILLE, Kentucky et al., Appellants, v. BOARD OF EDUCATION OF LOUISVILLE, Kentucky, Appellee.

Court of Appeals of Kentucky.

February 17, 1961.

Attorney(s) appearing for the Case

Willaim E. Berry, Herman E. Frick, James L. Taylor, Louisville, for appellants.

Henry A. Triplett, Daniel B. Boone, Louisville, for appellee.

BIRD, Chief Justice.

The Board of Education of Louisville proposes to build a new Atherton High School on its property at Dundee Road and Emerson Avenue within the corporate limits of the City of Louisville. The Board applied to the City of Louisville for a permit to construct the school plant at this location.

The permit was denied. Thereupon the Board of Education sued the city, asking that it be directed to issue an appropriate building permit. The trial...

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