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RUSSELL COUNTY FISCAL COURT v. KELLEY

No. 91-CA-43-MR.

823 S.W.2d 941 (1991)

RUSSELL COUNTY FISCAL COURT, Terril Flanagan, Russell County Judge-Executive, Herlen Lawless, Magistrate, Mickey Garner, Magistrate, Arles Randall Hopper, Magistrate and Bradley Redmon, Magistrate, Appellants, v. Ted KELLEY, Norma Foley, George Coe, John Brack Flanagan, and "Too Many Other Taxpayers to Name", Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 4, 1992.

Attorney(s) appearing for the Case

Robert L. Bertram, H.K. Cooper, Jamestown, for appellants.

Jeffrey H. Hoover, Wilson, Smith & Hoover, Jamestown, for appellees.

Before HOWERTON, McDONALD and STUMBO, JJ.

McDONALD, Judge.

In July, 1990, the Russell County Fiscal Court enacted an ordinance which levied a license fee of 3% upon the retail sale of all food and beverages by restaurants, cafeterias, coffee shops, caterers, etc., which tax could be passed on to the customer. This action was commenced by the appellees, restaurant owners in Russell County, who were permitted to maintain the suit as a class action on behalf of all restaurant/food service establishments affected...

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