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EASTERN KENTUCKY RESOURCES v. ARNETT

No. 95-SC-827-DG.

934 S.W.2d 270 (1996)

EASTERN KENTUCKY RESOURCES, a Partnership Consisting of Blue Ash Development Company, Inc. and Royalton Resources, Inc., Appellants, v. Patty ARNETT, Member Magoffin Co. for a Better Environment; Sharon Patrick, Member Magoffin Co. for a Better Environment; Magoffin Countians for a Better Environment; Natural Resources and Environmental Protection Cabinet; Charles Allen, as Magoffin Co. Judge-Executive; Hassell Gullett, as Magoffin County Magistrate; Dave Patrick, Magoffin County Magistrate and Hager Minix, Magoffin County Magistrate, Appellees.

Supreme Court of Kentucky.

November 21, 1996.

Attorney(s) appearing for the Case

Richard A. Getty, Walker P. Mayo, Bowles Rice McDavid, Graff Love & Getty, Lexington, for Appellants.

Gordon B. Long, Salyersville, Kathryn R. Matheny, Lauren Anderson, Office of Legal Services, Frankfort, John C. Collins, Collins & Allen, Salyersville, for Appellees.

WINTERSHEIMER, Justice.

Eastern Kentucky Resources, a general partnership, has appealed a decision of the Court of Appeals which upheld the judgment of the circuit court which found an agreement entered into between EK Resources and Magoffin County Fiscal Court for the disposal of solid waste in a privately-owned landfill to be a franchise or privilege granted in violation of the advertisement and public bidding requirements of Section 164 of the Kentucky Constitution...

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