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MONTICELLO CO., INC. v. COM.

Nos. 91-CA-002250-MR, 91-CA-002424-MR.

864 S.W.2d 921 (1993)

MONTICELLO CO., INC.; South Elkhorn Service Co., Appellants, v. COMMONWEALTH Of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET; Lexington-Fayette Urban County Government, Appellees, and LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Cross-Appellant, v. MONTICELLO COMPANY; South Elkhorn Service Co., Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied and Ordered Published May 21, 1993.

Discretionary Review Denied by Supreme Court December 15, 1993.

Attorney(s) appearing for the Case

Sidney R. Marshall, Jr., Julius Rather, Lexington, for appellants/cross-appellees, Monticello Co., Inc. and South Elkhorn Service Co.

Charles W. Kurtz, Brenda Gail Lowe, Frankfort, for appellee/cross-appellant, Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet.

Edward W. Gardner, Terry Sellars, Wayne Waddell, Lexington, for appellee/cross-appellant, Lexington-Fayette Urban County Government.

Before LESTER, C.J., and SCHRODER and STUMBO, JJ.

SCHRODER, Judge:

This is an appeal and cross-appeal from a judgment ordering two private sewage treatment systems to connect onto the comprehensive sewer system of the Lexington-Fayette Urban County Government (LFUCG), ordering LFUCG to pay for the expense of the connection, and finding that the connection onto the comprehensive system did not constitute a taking for which just compensation must be paid. Appellants do not appeal the order requiring connection, but...

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