STORER COMMUNICATIONS v. OLDHAM COUNTY

No. 92-CA-898-MR.

850 S.W.2d 340 (1993)

STORER COMMUNICATIONS OF JEFFERSON COUNTY, INC., Appellant, v. OLDHAM COUNTY BOARD OF EDUCATION; W. Lewis Reynolds; Robert Greenwood; Betty Largen; Dennis Clark; Ben Estes; and Chris Gorman, Attorney General of Kentucky, Appellees.

Court of Appeals of Kentucky.

April 2, 1993.


Attorney(s) appearing for the Case

Frank F. Chuppe, Thomas J. Luber, Wyatt, Tarrant & Combs, Louisville, for appellant.

Chris Gorman, Atty. Gen., Thomas John Hellmann, Asst. Atty. Gen., Civ. Div., Frankfort, for appellee, Atty. Gen.

J. Gary Bale, Robert L. Chenoweth, Chenoweth Law Office, Frankfort, John C. Fogle, Mt. Sterling, for all other appellees.

Before HUDDLESTON, McDONALD and SCHRODER, JJ.


McDONALD, Judge.

The issue presented in this case is whether the trial court violated the appellant's due process rights by ruling on the merits of the controversy, sua sponte.

On October 24, 1990, the appellant, Storer Communications of Jefferson County, Inc., filed this action in the Oldham Circuit Court alleging the gross receipts utilities tax imposed on it by the appellee, Oldham County Board of Education, violated its rights under both our federal...

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