PROFFITT v. LOUISVILLE & JEFFERSON COUNTY

Nos. 93-SC-16-I, 93-SC-24-I and 93-SC-29-TG.

850 S.W.2d 852 (1993)

Lois W. PROFFITT, Appellant, v. LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Appellee.

Supreme Court of Kentucky.

April 22, 1993.


Attorney(s) appearing for the Case

Arthur L. Williams, Gregory L. Smith, Susan R.H. Gernert, Woodward, Hobson & Fulton, Louisville, for appellant.

Frank G. Simpson, III, Pedley, Ross, Zielke & Gordinier, Louisville, for appellee.


STEPHENS, Chief Justice.

The issue we decide today is whether, under Kentucky law, a condemnor, who has met the two prong test of necessity and public purpose, must give consideration to the environmental impact of a proposed project in order to avoid acting in an arbitrary and capricious manner.

This opinion is rendered subsequent to an Order entered February 12, 1993, affirming the judgment of the Jefferson Circuit Court.

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