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FISCAL COURT v. TAYLOR COUNTY POLICE

No. 89-SC-525-DG.

805 S.W.2d 113 (1991)

FISCAL COURT OF TAYLOR COUNTY; Taylor County; Samuel E. Phillips, Judge Executive; Bobby Roots; Dan Davis; Edwin Stamp; J.W. McFarland; G. Dennis Smith; W.H. Morris; and Justices of the Peace (Magistrates) Taylor County Fiscal Court, Movants, v. TAYLOR COUNTY METRO POLICE; Taylor County Police Merit Board; Buster Hall; James C. Lacy; Lilburn Hedgespeth; Bobby H. Harden (Chief Taylor County Metro Police); and Terry R. Brown, Respondents.

Supreme Court of Kentucky.

March 14, 1991.

Attorney(s) appearing for the Case

Danny Butler, Butler Butler & Hudson, Greensburg, for movants.

Harold K. Huddleston, Elizethtown, for respondents.

STEPHENS, Chief Justice.

The specific issue we decide on this appeal is whether a judicial court may order a county fiscal court to appropriate "adequate" funding for the operation of a statutorily authorized county police force. We answer this question in the negative and reverse the Court of Appeals.

The respondents filed a complaint in the Taylor Circuit Court, seeking a writ of mandamus against the movants, attempting to require the fiscal court to appropriate...

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