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SPANISH COVE SANIT. v. COUNTY METRO. SEWER

No. 2000-SC-000496-DG.

72 S.W.3d 918 (2002)

SPANISH COVE SANITATION, INC., Appellant, v. LOUISVILLE-JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Appellee.

Supreme Court of Kentucky.

April 25, 2002.

Attorney(s) appearing for the Case

Bruce Garrett Anderson, Hargadon, Lenihan, Harbolt & Herrington, Christopher Morris, Louisville, for Appellant.

Laurence Zielke, Caroline George Meena, John H. Dwyer, Jr., Deborah K. Kent, Pedley, Zielke, Gordinier, Olt & Pence, Louisville, for appellee.

GRAVES, Justice.

In 1993, the Court of Appeals declared KRS 65.1151, a statute which was enacted to provide compensation for taking sewage treatment utility property, unconstitutional as special legislation. Consequently, the Jefferson Circuit Court in this case correctly granted a motion to dismiss a subsequent complaint seeking recovery based on the same statute. Once an appellate court has declared a statute unconstitutional in its...

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