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CITY OF NEWPORT v. SCHINDLER

449 S.W.2d 17 (1969)

CITY OF NEWPORT, Kentucky, Campbell County, Kentucky, John A. Schmitz, et al., Appellants, v. Robert E. SCHINDLER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 6, 1970.

Attorney(s) appearing for the Case

Lawrence J. Riedinger, Jr., Newport, for appellants.

Charles J. Schear, Newport, for appellee.

OSBORNE, Judge.

This is an action for declaration of rights under KRS 418.040. Appellee is a police officer in the City of Newport. He presently resides within the city limits. He requests this court to determine if he can continue to serve on the police department if he moves his residence from the city. If his position is classified as an "officer" as defined in section 234 of the Constitution it is clear that removal from the city will forfeit his right to hold...

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