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OWENSBORO CABLEVISION, INC. v. LIBS

No. 92-CA-1150-MR.

863 S.W.2d 331 (1993)

OWENSBORO CABLEVISION, INC., Appellant, v. J. Michael LIBS, Daviess County Board of Education and City of Owensboro Independent Board of Education, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 17, 1993.

Attorney(s) appearing for the Case

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

Robert M. Kirtley, Daviess County Atty., Owensboro, for appellee, Michael Libs.

David L. Yewell, Rummage, Kamuf, Yewell, Pace and Condon, Owensboro, for appellee, Davies County Bd. of Educ.

William L. Wilson, Jr., Wilson, Wilson & Plain, Owensboro, for appellee, City of Owensboro Independent Bd. of Educ.

Before JOHNSON, McDONALD and STUMBO, JJ.

McDONALD, Judge.

The sole issue involved in this appeal is whether the enactment by the appellees pursuant to KRS 160.614(2) of a utility gross receipts license tax on cable television services furnished by the appellant is subject to the levy recall procedure set out in KRS 160.597. KRS 160.614 was passed in 1990, along with other legislation known as the Kentucky Education Reform Act (KERA), designed to improve the efficiency and quality of our public schools. It...

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