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CITY OF SHELBYVILLE, v. COM.

706 S.W.2d 426 (1986)

CITY OF SHELBYVILLE, Kentucky ex rel SHELBYVILLE MUNICIPAL WATER AND SEWER COMMISSION, Appellant, v. COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Commonwealth of Kentucky, Department of Fish & Wildlife Resources, Appellees.

Court of Appeals of Kentucky.

As Modified March 28, 1986.

Attorney(s) appearing for the Case

Laurence J. Zielke, Michael W. Lowe, Henry M. Reed, III, Louisville, for appellant.

Kathryn M. Hargraves, Office of Gen. Counsel, Frankfort, for appellee Natural Resources and Environmental Protection Cabinet.

John S. Palmore, Henderson, David L. Armstrong, Atty. Gen., Penny R. Warren, Asst. Atty. Gen., Frankfort, for appellee Dept. of Fish and Wildlife Resources.

Before COMBS, DUNN and HOWARD, JJ.

HOWARD, Judge.

In this case, the City of Shelbyville ex rel Shelbyville Water and Sewer Commission appeals from an order of the Franklin Circuit Court denying its motion for summary judgment and dismissing its complaint. The appellant seeks to prevent the Natural Resources and Environmental Protection Cabinet from breaching the Guist Creek Reservoir Dam. The Commission claims that such action would eliminate the City's only water source. The appellant also...

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