COM., TRANSP. CABINET v. EXPRESS MART

No. 87-CA-789-MR.

759 S.W.2d 600 (1988)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. EXPRESS MART, INC., and Glennis Fraley, and Express Mart, Inc., and John Black, Appellees.

Court of Appeals of Kentucky.

October 21, 1988.


Attorney(s) appearing for the Case

David A. Collins, Dept. of Highways, Flemingsburg, for appellant.

John I. Hanbury, Vanantwerp, Monge, Jones & Edwards, Ashland, for appellees.

Before CLAYTON, COMBS and WILHOIT, JJ.


CLAYTON, Judge.

This is an appeal from a judgment of the Rowan Circuit Court which dismissed an action by the appellants to enforce the provisions of KRS 177.841(2) against the appellees based upon a finding that the statute had been selectively enforced in violation of the federal and state constitutions.

This action arose out of a complaint filed by the state department of highways in circuit court alleging that the appellees were maintaining commercial...

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