KECK v. COM. EX REL. GOLDEN

No. 1998-CA-000318-DG.

998 S.W.2d 13 (1999)

Carl Amos KECK, Appellant, v. COMMONWEALTH of Kentucky, By and Through John H. GOLDEN, Bell County Attorney; A.B. Chandler III, Attorney General; and City of Middlesborough, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 15, 1999.


Attorney(s) appearing for the Case

Bill Hayes, Eric Hayes, Middlesboro, KY, for Appellant.

Robert V. Costanzo, Middlesboro City Attorney, Middlesboro, KY , John Golden, Bell County Attorney, Pineville, KY, for Appellees.

Before GARDNER, HUDDLESTON, and JOHNSON, Judges.


OPINION

JOHNSON, Judge.

Carl A. Keck (Keck) has appealed from the judgment of the Bell Circuit Court entered on January 13, 1998, which reversed the determination of the Bell District Court that the ordinance Keck was charged with violating was unconstitutional. We reverse.

On March 31, 1997, the City of Middlesboro passed Ordinance 91.10, entitled "An Ordinance Providing for Abatement of Nuisances and Noise Control in City of Middlesborough...

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