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D & W AUTO SUPPLY v. DEPARTMENT OF REVENUE

602 S.W.2d 420 (1980)

D & W AUTO SUPPLY et al., Appellants, v. DEPARTMENT OF REVENUE and Department for Natural Resources and Environmental Protection, Appellees. CARROLLTON WHOLESALE TOBACCOS, INC., et al., Appellants, v. DEPARTMENT OF REVENUE and Department for Natural Resources and Environmental Protection, Appellees. BLUEGRASS PROVISIONS CO., INC., et al., Appellants, v. DEPARTMENT OF REVENUE and Department for Natural Resources and Environmental Protection, Appellees.

Supreme Court of Kentucky.

May 13, 1980.

Attorney(s) appearing for the Case

A. Norrie Wake, Bradley, Emerson, Wake & Vest, Lexington, for Bluegrass Provisions Co., Inc., Kentucky Meat Processors Association, Inc.

Natalie S. Wilson, William W. Allen, Gess, Mattingly, Saunier & Atchison, Lexington, for D & W Auto Supply, Inc., Estes Auto Parts, Auto & Tractor Parts House, Inc., Bernie's Auto Supply, Inc., and Kentucky Automotive Wholesalers Assoc., Inc.

Robert F. Matthews, R. Van Young, Dorothy Pitt, Greenebaum, Doll & McDonald, Louisville, for Carrollton Wholesale Tobaccos, Inc., Ohio Valley Wholesale Distributors, Inc., Shelbyville Candy & Tobacco, Inc., Axton Candy and Tobacco Co., Inc., Wagner Candy Co., Kentucky Candy & Tobacco Association, Inc., and Kentucky Wholesale Grocers Assoc., Inc.

William S. Riley, William P. Sturm, Dept. of Revenue, Alan L. Harrington, Valerie F. Fravel, Natural Resources and Environmental Protection, Frankfort, for respondents.

STEPHENS, Justice.

The ultimate question to be decided on this appeal is the constitutionality of KRS 224.905-.970, commonly called the "Litter Control Act," which was enacted by the 1978 regular session of the Kentucky General Assembly. In arriving at our decision we must, perforce, reconsider the validity of a long line of decisions of this court which created and nurtured the so-called "enrolled bill" doctrine.

The action was originally brought in the Franklin...

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