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LEXINGTON-FAYETTE U. CTY. GOV. v. ABNEY

No. 87-CA-918-DG.

748 S.W.2d 376 (1988)

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Appellant, v. Willie ABNEY, Barbara Kirkpatrick, Kenneth McCoy, Wanda Moore, Joe Neal, Jack Strange and Russell Ware, Appellees.

Court of Appeals of Kentucky.

April 1, 1988.

Attorney(s) appearing for the Case

Chris Westover, Corporate Counsel, Edward W. Gardner, Director of Litigation, Dept. of Law, Lexington, for appellant.

John L. Cox, Jr., Stanton, for appellees.

Before HOWERTON, C.J., and HOWARD and WEST, JJ.

HOWERTON, Chief Judge.

We granted discretionary review in this case to decide, (1) whether the five-year statute of limitations applicable to actions for recovery of delinquent occupational license taxes begins to run on December 31 of a given tax year or on April 15 of the ensuing year which is the due date of the return, and (2) whether the Lexington-Fayette Urban County Government (LFUCG) is entitled to recover a penalty and interest on adjudged delinquent occupational...

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