CITY OF MONTICELLO v. WAYNE CTY. FISCAL COURT


562 S.W.2d 88 (1978)

CITY OF MONTICELLO, Kentucky, Carl Shearer, Mayor, Dave Carrender, Councilman, Bill Upchurch, Councilman, Charles Upchurch, Councilman, Dr. C. L. McHargue, Councilman, Sam Whittenburg, Councilman, and Kenneth Catron, Councilman, Appellants, v. WAYNE COUNTY FISCAL COURT, Ira Bell, County Judge, Horice Cooper Denney, Katherine Lair, Delbert Branscum, Frank East, James Higginbotham, Henry Paul Richardson and Osby Neal, Appellees.

Court of Appeals of Kentucky.

February 10, 1978.


Attorney(s) appearing for the Case

E. G. Bertram, Jr., Monticello, for appellants.

Thomas E. Carroll, Wayne County Atty., Monticello, for appellees.

Before HOGGE, LESTER and WHITE, JJ.


LESTER, Judge.

In April of 1976, the city council of Monticello adopted a resolution to move the monument of the Doughboy which honors the veterans of World War I to another location. The original plaintiffs brought a class action on behalf of the American Legion Post 134 and obtained a temporary restraining order against the city. By amended complaint, they also made the Wayne County Fiscal Court a party defendant. The fiscal court cross claimed alleging title to...

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