BENSON v. BD. OF ED. OF BELLEVUE

Nos. 86-CA-2453-MR, 86-CA-002550-MR.

748 S.W.2d 156 (1988)

Gerald R. BENSON, Campbell County Clerk, Appellant, v. BOARD OF EDUCATION OF the BELLEVUE, KENTUCKY, INDEPENDENT SCHOOL DISTRICT, Dayton, Kentucky, Independent School District and Newport, Kentucky, Independent School District, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 19, 1988.

Discretionary Review Denied by Supreme Court May 10, 1988.


Attorney(s) appearing for the Case

Julius Rather, Lexington, for appellant.

Beverly R. Storm, Robinson, Arnzen, Parry & Wentz, Covington, for Bellevue Independent School Dist.

Ted Knoebber, Bernard J. Blau, Newport, for Newport Independent School Dist.

Stephen D. Wolnitzek, Smith, Wolnitzek & Schachter, Covington, for Dayton Independent School Dist.

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


WEST, Judge.

These are appeals from orders of the Campbell Circuit Court determining the amount of fee the county clerk is entitled to for collecting school tax and how that fee is paid. The trial court determined that the "County Clerk may not receive a fee for collecting the school tax which is in excess of his actual cost of collection, not exceeding 4%." The court further determined that the clerk may not deduct his fee prior to paying to the depository of the...

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