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DEWEY v. WAGERS

617 S.W.2d 55 (1981)

Mary Anne DEWEY and William H. Tudor, Appellants, v. Charles S. WAGERS, Clerk of the Fiscal Court of Madison County, Kentucky; Harold Kirby, County Judge/Executive of Madison County, Kentucky; Charlie Todd, Farris Parks, Edward S. Chenault and Ewell Cobb, Magistrates of the Fiscal Court of Madison County, Kentucky; and Fiscal Court of Madison County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied June 30, 1981.

Attorney(s) appearing for the Case

James T. Gilbert, Berea, Peter J. Flaherty, III, Richmond, for appellants.

Thomas J. Smith, III, Commonwealth Atty., Richmond, for appellees.

Before HAYES, C. J., and HOGGE and VANCE, JJ.

VANCE, Judge.

The question is whether the phrase "the last general election" contained in KRS 173.720(1) refers to the "last general election" prior to the filing of a petition for the establishment of a library district or to the "last general election" prior to the commencement of the circulation of the petition. KRS 173.720(1) reads as follows:

Upon the filing of a duly certified petition of fifty-one per cent (51%) or more of the number of duly qualified...

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