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KY. AIRPORT ZONING COM'N v. KY. POWER CO.

651 S.W.2d 121 (1983)

KENTUCKY AIRPORT ZONING COMMISSION, Appellant, v. KENTUCKY POWER COMPANY, Appellee.

Court of Appeals of Kentucky.

March 25, 1983.

Attorney(s) appearing for the Case

Charles D. Moore, Jr., Dept. of Transp., Frankfort, for appellant.

Donald Combs, Stephens, Combs & Page, Pikeville, E. Gaines Davis, Jr., Frankfort, for appellee.

Before COOPER, HOGGE, and HOWERTON, JJ.

HOWERTON, Judge.

The Kentucky Airport Zoning Commission appeals from a judgment of the Franklin Circuit Court invalidating four of the Commission's orders which had required the Kentucky Power Company to mark and relocate electric power lines near airports at Pikeville and Hazard, Kentucky. The trial court declared KRS 183.861 to 183.873 to be unconstitutional. It further concluded that the Commission had exercised its power arbitrarily and unreasonably in adopting...

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