JASPER v. COMMONWEALTH


375 S.W.2d 709 (1964)

Clifford JASPER, d/b/a Jasper Iron & Metal Co., et al., Appellants, v. The COMMONWEALTH of Kentucky et al., Appellees.

Court of Appeals of Kentucky.

February 11, 1964.


Attorney(s) appearing for the Case

Luker & Luker, J. Milton Luker, London, for appellants.

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Don Duff, Dept. of Highways, Paul E. Hunley, Dept. of Highways, Frankfort, for appellees.


CLAY, Commissioner.

This suit questions the constitutionality of the "Junk Yard Act" (KRS 177.905 to 177.990). The law, attacked on many grounds, was upheld by the circuit court.

The statute provides in substance as follows. The operation of an "automobile, vehicle or machinery junkyard" within 2,000 feet of the center line of any road is prohibited unless a permit is obtained from the Department of Highways. The conduct of business within the restricted area...

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