COM. v. CARROLL COUNTY FISCAL COURT


633 S.W.2d 720 (1982)

COMMONWEALTH of Kentucky, Steven L. Beshear, Attorney General, Appellant, v. CARROLL COUNTY FISCAL COURT, Robert M. Westrick, Jesse H. McDole, Clarence I. Craig, and Austin Kring, Appellees.

Court of Appeals of Kentucky.

June 4, 1982.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Charles W. Runyan, Asst. Deputy Atty. Gen., Frankfort, for appellant.

Stanton Baker, Carroll County Atty., Carrollton, for appellees.

William K. Bodell, II, Lexington, for amicus curiae Kaco.

Ron Parry, Newport, for amicus curiae Campbell County Fiscal Court.

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


HOWERTON, Judge.

The Commonwealth appeals from a judgment of the Carroll Circuit Court declaring that the fiscal court was under no mandatory duty to provide a county jail or other correctional facility within the county. The Commonwealth argues that the trial court erred in that there was no justiciable controversy authorizing a declaratory judgment, and that the result of the decision was erroneous for three reasons. It alleges the county is required to provide...

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