ALDRIDGE v. SLUSHER


446 S.W.2d 636 (1969)

D. M. ALDRIDGE et al., Appellants, v. Jess SLUSHER et al., Appellees.

Court of Appeals of Kentucky.

October 31, 1969.


Attorney(s) appearing for the Case

J. C. Helton, Pineville, for appellants.

Paris Swinford, Clore & Swinford, Pineville, Daniel J. Tribell, Pineville, for appellees.


DAVIS, Commissioner.

The sole question at issue is whether a petition proposing a levy of a library tax pursuant to KRS 173.720 is "filed with the fiscal court" by presenting and filing it with the clerk and chairman of the fiscal court. The trial court answered that question negatively, and this appeal challenges the trial court's ruling.

On January 3, 1969, a petition for a library tax substantially conforming to the provisions of KRS 173.720 was filed with...

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