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FAYETTE COUNTY BOARD OF EDUCATION v. WHITE

410 S.W.2d 612 (1966)

The FAYETTE COUNTY BOARD OF EDUCATION et al., Appellants, v. Russell WHITE, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion December 16, 1966.

Rehearing Denied February 10, 1967.

Attorney(s) appearing for the Case

Lasserre Bradley, B. L. Kessinger, Jr., Armand Angelucci, Lexington, for appellants.

F. Selby Hurst, Lexington, Robert Matthews, Atty. Gen., Henri Mangeot, Asst. Atty. Gen., Frankfort, for appellee.

Ben Fowler, Dailey & Fowler, Frankfort, White & Clark, Hopkinsville, for amicus curiae.

CULLEN, Commissioner.

In this taxpayer's class action judgment was entered which in effect held that the total tax rate of the Fayette County Board of Education for the school year 1966-67 (tax year 1966) could not include more than 9.6 cents per $100 of assessed valuation as a special, voted, building fund levy. The board of education has appealed.

The 9.6-cent rate is the "compensating rate" as defined in KRS 132.010. The circuit court held that the school...

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