CITY OF FLEMINGSBURG v. PUBLIC SERVICE COMMISSION


411 S.W.2d 920 (1966)

CITY OF FLEMINGSBURG, Kentucky, Appellant, v. PUBLIC SERVICE COMMISSION of Kentucky and Western Fleming County Water District, Fleming County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 24, 1967.


Attorney(s) appearing for the Case

William T. Walton, Flemingsburg, John Hopkins, Hazelrigg & Cox, Frankfort, for appellant.

E. Gaines Davis, Jr., Smith, Reed, Yessin & Davis, Frankfort, Thomas R. Underwood, Jr., Lexington, for appellee Western Fleming County Water Dist., Fleming County, Ky.

Robert Matthews, Atty. Gen., J. Gardner Ashcraft, Asst. Atty. Gen., Frankfort, for Public Service Commission of Kentucky.


DAVIS, Commissioner.

The controversy here relates to whether water service shall be furnished to an area known as John Taylor Subdivision by the municipal water plant of Flemingsburg, or by the Western Fleming County Water District. The ruling of the Public Service Commission, affirmed in the circuit court, directs that the disputed area shall be served by the Western Fleming County Water District (hereinafter the District) to the exclusion of the municipal plant...

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