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DANNHEISER v. CITY OF HENDERSON

No. 98-SC-0474-DG.

4 S.W.3d 542 (1999)

John DANNHEISER d/b/a Dannlin Development Company, Appellant, v. CITY OF HENDERSON, Appellee.

Supreme Court of Kentucky.

September 23, 1999.

Attorney(s) appearing for the Case

Christopher M. Hill, Linda J. West, McBrayer, McGinnis, Leslie and Kirkland, Frankfort, for Appellant.

Jerrold R. Perchik, Thomas E. Powell, II, Greenbaum Doll & McDonald PLLC, Louisville, for Appellee.

Robin Fields Kinney, General Counsel, Frankfort, for Amicus Curiae Cabinet for Economic Development.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed an order of the circuit court granting summary judgment to the City of Henderson in which it was argued that Section 3 and Section 179 of the Kentucky Constitution was violated by the sale of municipal property to private companies. Dannheiser also challenges the public purpose and the authority of the City to enter into the business of industrial development.

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