BISCHOFF v. CITY OF NEWPORT


733 S.W.2d 762 (1987)

Jerome R. BISCHOFF, President, Interested Property Owners Association, on behalf of himself and others similarly situated, Appellant, v. CITY OF NEWPORT, Kentucky, Appellee.

Court of Appeals of Kentucky.

July 24, 1987.


Attorney(s) appearing for the Case

Charles T. Lester, Jr., Fort Thomas, for appellant.

James E. Parsons, City Solicitor, Newport, for appellee.

Before HAYES, REYNOLDS and WILHOIT, JJ.


WILHOIT, Judge.

This is an appeal from an order of the Campbell Circuit Court, dismissing the appellant's class action seeking a declaratory judgment as to the validity of certain ordinances setting the ad valorem tax rate for the appellee City of Newport and a refund to members of the class of excess taxes paid. The appellant argues that the circuit court erred in determining (1) that the action could not be prosecuted as a class action, and (2) that compliance with...

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