CITY OF LOUISVILLE v. MILLER


697 S.W.2d 164 (1985)

CITY OF LOUISVILLE, Appellant, v. Paulie MILLER, Jefferson Circuit Court Clerk; Commonwealth of Kentucky, County of Jefferson; Bank of Louisville; Bank of St. Helens; Citizens Fidelity Bank and Trust Co.; Continental National Bank of Kentucky; Commercial Credit, A/K/A Union Trust Co.; Citizens Fidelity Mortgage Company; First National Bank of Louisville; Liberty National Bank & Trust Co.; American Fletcher Mortgage Co.; the Cumberland; Wood Highbaugh Mortgage Co.; Future Federal Savings & Loan Assn.; Republic Bank and Trust Company; Lincoln Federal Savings & Loan Assn.; Great Financial Federal; Stockyards Bank & Trust Company; Commonwealth of Kentucky, Attorney General Office, Appellees.

Court of Appeals of Kentucky.

September 27, 1985.


Attorney(s) appearing for the Case

Michael Hayes & William P. O'Brien, Louisville, for appellant.

Lawrence Phillips, Asst. County Atty., Frank W. Burke, Speckman & Beaver, Stewart, Handmaker, Paul Keith, K. Gregory Haynes, Claude L. Nutt, Nutt & Yann, Louisville, David L. Armstrong, Atty. Gen., Frankfort, for appellees.

Before COOPER, HOWERTON and LESTER, JJ.


COOPER, Judge.

This is an appeal from a summary judgment for the appellees, defendants below, declaring the provisions of KRS 91.450 through 91.527 unconstitutional and invalid. On appeal, the single issue is whether the trial court erred, as a matter of law, in ruling that there was no genuine issue as to any material fact, and the provisions of the statute in question were unconstitutional as a matter of law. CR 56.03. Reviewing the record below, we reverse.

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