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GRUBB v. WURTLAND WATER DISTRICT

384 S.W.2d 321 (1964)

George GRUBB et al., Appellants, v. WURTLAND WATER DISTRICT et al., Appellees.

Court of Appeals of Kentucky.

November 25, 1964.

Attorney(s) appearing for the Case

A. W. Mann, Paul C. Hobbs, Ashland, for appellants.

Lewis H. Nicholls, Greenup, for appellees.

PALMORE, Judge.

This is an action brought in the Greenup Circuit Court to declare void a judgment of the Greenup County Court establishing a water district under KRS 74.010 and to enjoin its commissioners from exercising the functions of their office. The plaintiffs appeal from a judgment sustaining a motion to dismiss.

KRS 74.010 authorizes the county court to establish a water district upon petition of 75 resident freeholders of the proposed district, followed...

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