KY. RIVER AUTHORITY v. CITY OF DANVILLE

No. 95-CA-000064-MR.

932 S.W.2d 374 (1996)

KENTUCKY RIVER AUTHORITY; Phillip J. Shepherd; Charles W. Carr; Tom Dorman; Judge W. Neal Cassidy; Dr. Donald C. Haney; Martin Howard Lowry; Edward Foree; Greg Ginter; Thomas M. Jones; Ralph E. McClanahan; and Betty F. Whitaker, Appellants, v. CITY OF DANVILLE, Kentucky, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals July 5, 1996.


Attorney(s) appearing for the Case

Donald S. Dott, Jack B. Bates, Susan Rose Green, Jack B. Bates, Frankfort, for Appellants.

Edward D. Hays Danville, for Appellee.

Before LESTER, C.J., and DYCHE and EMBERTON, JJ.


OPINION

EMBERTON, Judge.

The appellants, Kentucky River Authority and its members, appeal from a judgment entered by the Boyle Circuit Court holding that the appellee, City of Danville, received no benefit from the Authority, and therefore, the Authority is constitutionally precluded from collecting water use fees from Danville.

The controversy in this case arises from the Authority's interpretation of its enabling statute Ky.Rev.Stat. (KRS...

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