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KEETON v. CITY OF ASHLAND

No. 93-CA-000800-MR.

883 S.W.2d 894 (1994)

Curtis KEETON; Ruth J. Collier; James G. Gibson; Hobart M. Greene, Jr.; and Joe B. Cartwright, on behalf of themselves and all others similarly situated, Appellants, v. CITY OF ASHLAND, Kentucky; A.R. Dunnigan, Mayor; Pete Gute, Commissioner; Leslie Kevin Gunderson, Commissioner; Paul Reeves, Commissioner; Mike Stewart, Commissioner; William Fisher, City Manager; David Johnson, Finance Director, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 19, 1994.

Attorney(s) appearing for the Case

H. David Hermansdorfer, A. Scott Coburn, Hermansdorfer & Coburn, Ashland, for appellants.

Richard W. Martin, III, Kevin P. Sinnette, Ashland, for appellees.

Thomas J. Keuler, Denton & Keuler, Paducah, for amicus curiae, City of Paducah, Ky.

Kerry D. Smith, McMurry & Livingston, Paducah, for amicus curiae, Board of Trustees of the Policemen's & Firefighter's Retirement Fund of the City of Paducah.

Before HUDDLESTON, JOHNSON and McDONALD, JJ.

JOHNSON, Judge:

This appeal involves an issue of first impression relating to Kentucky Revised Statutes (KRS) Chapter 95. The Boyd Circuit Court ruled that KRS 95.859(3) does not require the City of Ashland (the City) to provide funding for annual cost of living adjustments for pension beneficiaries; and that action taken by the pension fund board in setting a cost of living adjustment was without statutory authority since the pension fund could not support the increase...

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