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CALVERT INVESTMENTS v. SEWER DIST.

Nos. 90-SC-191-DG, 90-SC-198-DG.

805 S.W.2d 133 (1991)

CALVERT INVESTMENTS, INC., Appellant, v. LOUISVILLE & JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, and its following Board Members, Gerald Neal, Sandy Metts, Walter Fuelling, Phillip J. Anderson, Charles Martin, Charles Schnell, Tim Firkins, Marvin Kessinger, Gordon R. Garner; Louisville & Jefferson County Board of Health, and its Director of Division of Environmental Health, Clark Bledsoe; Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet and its Secretary, Appellants. LOUISVILLE & JEFFERSON COUNTY BOARD OF HEALTH and The Director of Environmental Health, Clark Bledsoe, Appellants, v. CALVERT INVESTMENTS, INC.; Louisville & Jefferson County Metropolitan Sewer District, Gerald Neal, Sandy Metts, Phillip J. Anderson, Walter Fuelling, Charles Martin, Charles Schnell, Tim Firkins, Marvin Kessinger, Gordon R. Garner, and Natural Resources & Environmental Protection Cabinet, Appellees.

Supreme Court of Kentucky.

March 14, 1991.

Attorney(s) appearing for the Case

Glenn A. Cohen, Borowitz & Goldsmith, Louisville, for Calvert Investments.

Fred M. Goldberg, Edward L. Schoenbaechler, Goldberg & Simpson, P.S.C., Louisville, for Board of Health and Bledsoe.

Michael W. Lowe, Frank Gates Simpson, III, Laurence J. Zielke, Pedley, Ross, Zielke, Gordinier & Porter, Louisville, for Sewer Dist. and its Bd.

Dennis J. Conniff, Dept. of Law, Frankfort, for Natural Resources.

LEIBSON, Justice.

From 1967 to 1985 Calvert Investments, Inc., ("Calvert") owned and operated a private sanitary sewage treatment facility known as the Minor Lane Heights Sewage Treatment Facility. In 1983, Calvert reached an agreement with the City of Minor Lane Heights ("City") for the sale of this facility. Calvert alleges that ultimately the City refused to make this purchase, and thereafter the Commonwealth of Kentucky's Natural Resources and Environmental Protection...

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