LONG RUN BAPTIST ASS'N v. SEWER DIST.

No. 88-CA-1242-MR.

775 S.W.2d 520 (1989)

LONG RUN BAPTIST ASSOCIATION, INC.; Cebert C. Blaire; Jefferson County Farm Bureau, Inc.; and Carl Dreisbach, Inc., Appellants, v. LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT; Comprehensive Storm Water Drainage Authority; City of Louisville, Kentucky; Board of Aldermen of the City of Louisville; Jefferson County, Kentucky; and Fiscal Court of Jefferson County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals August 18, 1989.


Attorney(s) appearing for the Case

Gary L. Napier, Louisville, for appellants.

Laurence J. Zielke, Lawrence L. Pedley, Michael W. Lowe, Frank G. Simpson, III, Louisville, for Louisville and Jefferson County Metropolitan Sewer Dist., and Comprehensive Storm Water Drainage Authority.

James K. McCrorey, N. Scott Lilly, Louisville, for Fiscal Court of Jefferson County, Ky.

Winston E. King, J. David Morris, Louisville, for City of Louisville.

Before GUDGEL, LESTER and WILHOIT, JJ.


GUDGEL, Judge:

This is an appeal from a judgment entered by the Jefferson Circuit Court. Appellants contend that the court erred by granting a summary judgment, by adjudging that a certain drainage charge collected by appellees is not a tax, by adjudging that the charge does not violate KRS 76.090 and by failing to certify this action as a class action. We disagree with all of appellants' contentions. Hence, we affirm.

On October 5, 1987, appellants filed...

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