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BOARD OF TRUSTEES, ETC. v. HENDERSON CTY.

549 S.W.2d 828 (1976)

BOARD OF TRUSTEES OF the HENDERSON-HENDERSON COUNTY PUBLIC LIBRARY, Henderson, Kentucky, et al., Appellants, v. HENDERSON COUNTY FISCAL COURT, Henderson, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted January 13, 1977.

Attorney(s) appearing for the Case

E. Lambert Farmer, Jr., King, Deep & Branaman, Henderson, for appellants.

David H. Thomason, Trimble, Cubbage, Lindsay & Thomason, Henderson, Charles B. West, West & Ternes, Henderson, for appellees.

GANT, Judge.

This action is concerned with Chapter 173 of the Kentucky Revised Statutes and particularly with those sections providing for the creation of a public library district. Two methods of creation are provided by the statutes, one of which is set out in KRS 173.470 and which method provides that upon the filing of a duly certified petition of 100 or more qualified voters in each county to be included within the district, the Fiscal Court of that county

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