COOK v. FIHE


358 S.W.2d 350 (1962)

Marlow W. COOK and H. Bemis Lawrence, as Members of the Fiscal Court of Jefferson County, Kentucky, Appellants, v. Robert A. FIHE and Philip P. Ardery et al., Appellees. Marlow W. COOK, as County Judge of Jefferson County, Kentucky et al., Appellants, v. Robert A. FIHE, as County Commissioner et al., Appellees.

Court of Appeals of Kentucky.

June 8, 1962.


Attorney(s) appearing for the Case

Samuel Steinfeld, Louisville, for appellants Marlow Cook and H. Bemis Lawrence.

Oldham Clarke, Louisville, for appellees Robert A. Fihe and Philip P. Andery.

E. P. Sawyer, Louisville, for appellant Marlow Cook as County Judge.

Charles Speed Gray, Louisville, for appellants Woodson, Harrell, Ernst, and members of that class, and for appellant Trautwein.

Henry A. Triplett, Louisville, for appellees Comely, Romaine, Curley, and members of that class, and for appellee Boone.

Mark Davis, Jr., Asst. County Atty., Louisville, for appellee Tierney.


CULLEN, Commissioner.

This appeal presents questions of construction of KRS 67.070(3), relating to fiscal courts having commissioners rather than justices of the peace as members. (A similar statute, KRS 67.040(4), applies to fiscal courts with justice of the peace members.) The statute reads:

"(3) When there is a tie vote in the fiscal court in the selection of any officer or employe to be selected by the fiscal court, and a deadlock results and continues...

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