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LOUISVILLE & JEFFERSON v. TARRYTOWNE

No. 89-CA-2389-MR.

818 S.W.2d 267 (1991)

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Appellant, v. TARRYTOWNE SANITATION COMPANY; Citizens Fidelity Bank & Trust Company; and Natural Resources and Environmental Protection Cabinet, Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied August 16, 1991.

Discretionary Review Denied by Supreme Court December 11, 1991.

Attorney(s) appearing for the Case

Laurence J. Zielke, Charles F. Merz, Louisville, for appellant.

Stephanie Hawkins Smith, Louisville, for appellee, Citizens Fidelity.

J. Fox Demoisey, Louisville, for appellee, Tarrytowne Sanitation Co.

Dennis J. Conniff, Brenda Gail Lowe, Frankfort, for appellee, Natural Resources and Environmental Protection Cab.

Before LESTER, C.J., and HOWERTON and STUMBO, JJ.

HOWERTON, Judge.

Louisville and Jefferson County Metropolitan Sewer District (MSD) appeals from a declaratory judgment of the Jefferson Circuit Court holding that MSD will be required to pay just compensation to Tarrytowne Sanitation Company (TSC) for the transfer of its sewer system. MSD alleges that the court erred because TSC was required by its sewer permits to make connection to MSD's comprehensive sewer system without compensation. It also claims that the court...

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