FISCAL COURT OF JEFFERSON CO. v. CITY OF ANCHORAGE


393 S.W.2d 608 (1965)

FISCAL COURT OF JEFFERSON COUNTY et al., Appellants, v. CITY OF ANCHORAGE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 1, 1965.


Attorney(s) appearing for the Case

E. P. Sawyer, Jefferson County Atty., Mark Davis, Jr., Louisville, for appellants.

J. Donald Dinning, McElwain, Dinning, Clarke & Winstead, James L. Taylor, John Frith Stewart, Louisville, for appellees.

Robert Matthews, Atty. Gen., Barkley Sturgill, Prestonsburg, Bert T. Combs, Lexington, Clay A. Copeland, Louisville, amicus curiae.


PALMORE, Judge.

KRS 100.500 conferred zoning power upon the legislative bodies of third to sixth class cities, inclusive. With respect to sixth class cities only, the 1964 General Assembly transferred that power to "the fiscal court and county judge" of the respective counties in which sixth class cities are located. This declaratory judgment suit brought by the governing authorities of the City of Anchorage and defended by the governing authorities of Jefferson County...

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