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CITY OF OWENSBORO v. McCORMICK

581 S.W.2d 3 (1979)

CITY OF OWENSBORO, Kentucky, and the Owensboro Industrial Development Authority, Movants, v. Hubert McCORMICK, a Citizen, Resident and Taxpayer of the City of Owensboro, Kentucky, Individually and as a Representative of all Citizens, Residents and Taxpayers of said City, Respondent.

Supreme Court of Kentucky.

May 1, 1979.

Attorney(s) appearing for the Case

Hugh D. Moore, Moore, Moore and Hager, Owensboro, for movants.

B. C. Green, Green, Connor & Carroll, Owensboro, for respondent.

REED, Justice.

In this declaratory judgment action, the constitutionality of a provision in the Kentucky Local Industrial Authority Act1 is in issue. The circuit court held the questioned provision that authorized the city to acquire real property by the exercise of eminent domain for the benefit of the authority was constitutionally valid. Declaring that the Act was unconstitutional to the extent that it granted a city or other governmental...

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