REVENUE CABINET, Commonwealth of Kentucky; Gary Gillis, Secretary of the Revenue Cabinet; C. Emmett Calvert, Secretary of the Revenue Cabinet; Melvin D. Hicklin, Property Valuation Administrator of Hopkins County, Kentucky; Robert McClearn, Property Valuation Administrator of Muhlenberg County, Kentucky; Jerry Blanton, Property Valuation Administrator of Harlan County, Kentucky; and the Kentucky Coal Association, Inc., Appellants,
v.
Scott BARBOUR; William D. Yount; the Class of Persons Similarly Situated to and Represented by Scott Barbour and William D. Yount; Alison Moore; J.D. Miller; Elaine Stoltzfus; the Class of Persons Similarly Situated to and Represented by Alison Moore, J.D. Miller and Elaine Stoltzfus; Joe F. Childers; Phillip J. Shepherd; the Law Firm of Shepherd & Childers, a Partnership; Ira A. Burnim; Morris Dees; Deborah A. Ellis; J. Richard Cohen; Elizabeth Johnson; the Southern Poverty Law Center; Joseph J. Leary and the Law Center, 101 St. Clair Street, Frankfort, Kentucky, Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
January 17, 1992.
Rehearing Denied April 10, 1992.
Discretionary Review Denied by Supreme Court October 14, 1992.
Attorney(s) appearing for the Case
Douglas M. Dowell, Stephen G. Dickerson, Frankfort, for appellants, Revenue Cabinet, Commonwealth of Kentucky; Gary Gillis, Secretary of the Revenue Cabinet; C. Emmett Calvert, Secretary of the Revenue Cabinet; Melvin D. Hicklin, Property Valuation Administrator of Hopkins County, Kentucky; Robert McClearn, Property Valuation Administrator of Muhlenberg County, Kentucky; Jerry Blanton, Property Valuation Administrator of Harlan County, Kentucky.
James R. Cox, Louisville, William Caylor, Lexington, for appellant, The Kentucky Coal Ass'n, Inc.
Phillip J. Shepherd, Joe F. Childers, Frankfort, J. Richard Cohen, Morris Dees, Montgomery, Ala., for appellees, Alison Moore; J.D. Miller; Elaine Stoltzfus; The Class Of Persons Similarly Situated To And Represented By Alison Moore, J.D. Miller and Elaine Stoltzfus; Joe F. Childers; Phillip J. Shepherd; The Law Firm Of Shepherd & Childers, A Partnership; Ira A. Burnim; Morris Dees; Deborah A. Ellis; J. Richard Cohen; Elizabeth Johnson; and The Southern Poverty Law Center.
Joseph J. Leary, Frankfort, for appellees, Scott Barbour; William D. Yount; The Class Of Persons Similarly Situated To And Represented By Scott Barbour and William D. Yount; Joseph J. Leary and The Law Center, 101 St. Clair Street, Frankfort, Kentucky.
Before HOWERTON, SCHRODER and WILHOIT, JJ.
Court of Appeals of Kentucky.
SCHRODER, Judge.
These are consolidated appeals from orders awarding costs and attorneys fees to appellees in their successful action challenging the constitutionality of the statute relating to tax on unmined coal.
On June 13, 1984, appellees, William Yount and Scott Barbour, et al (the "Yount plaintiffs/appellees"), brought an action in the Franklin Circuit Court against appellant, the Kentucky Revenue Cabinet (the "Cabinet"), challenging the constitutionality...
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