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LEXINGTON-FAYETTE URBAN COUNTY GOV. v. HAYSE

684 S.W.2d 301 (1984)

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Appellants, v. Dr. Joseph Murray HAYSE and The Board of Trustees of the Lexington Public Library, Appellees. Dr. Joseph Murray HAYSE, Cross-Appellant, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Cross-Appellees. BOARD OF TRUSTEES OF the LEXINGTON PUBLIC LIBRARY, Cross-Appellant, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 30, 1984.

Discretionary Review Denied February 21, 1985.

Attorney(s) appearing for the Case

Terry Sellars, Suzanne Shively Havens, Lexington, for appellants/cross-appellees, Lexington-Fayette Urban County Government.

William C. Jacobs, Wilson, Jacobs & Wilson, Lexington, for appellee/cross-appellant, Dr. Joseph Murray Hayse.

J. David Porter, Martin, Ockerman & Brabant, Lexington, for appellee/cross-appellant, Bd. of Trustees of the Lexington Public Library.

Before COMBS, DUNN and WHITE, JJ.

COMBS, Judge.

The trial court granted summary judgment requiring the Lexington-Fayette Urban County Government to appropriate out of its general funds to the Lexington Public Library an amount consistent with KRS 173.360(1).

The government argues on appeal that "roll-back" provisions of KRS ch. 132 apply to KRS 173.360, and the suit was improperly designated as a class action. The library and the library patron argue on cross-appeal that the trial court improperly...

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