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MOSELEY v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

489 S.W.2d 511 (1972)

William E. MOSELEY and Harold's Auto Parts, Inc., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 16, 1973.

Attorney(s) appearing for the Case

Robert E. Hogan, Louisville, for appellants.

Don Duff, Carl T. Miller, Jr., Dept. of Highways, Frankfort, for appellees.

CULLEN, Commissioner.

William E. Moseley and Harold's Auto Parts, Inc., have appealed from a judgment enjoining them from operating an automobile junkyard in violation of KRS 177.905 to 177.950, which statutes are a compilation of Chapter 249 of the Acts of 1962 as amended by Chapter 162 of the Acts of 1966.

The appellants maintain that KRS 177.912 (Section 7 of the 1966 Act), which exempts certain junkyards located in industrially developed areas within the...

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