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BFI WASTE SYSTEMS v. HUNTINGTON WOODS ASS'N

Nos. 2002-CA-000661-MR, 2002-CA-000805-MR.

134 S.W.3d 624 (2003)

BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Appellant, v. HUNTINGTON WOODS NEIGHBORHOOD ASSOCIATION, INC., Appellee. v. Franklin County Fiscal Court, Appellant, v. BFI Waste Systems of North America; and Huntington Woods Neighborhood Association, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 9, 2004.

Attorney(s) appearing for the Case

Dennis J. Conniff, Amy D. Cubbage, David J. Conniff, Louisville, KY, for appellant, BFI Waste Systems.

Richard M. Sullivan, Edward F. Busch, Louisville, KY, for appellant, Franklin County Fiscal Court.

Phillip J. Shepherd, David M. Vance, Frankfort, KY, for appellee.

Before BAKER, BARBER and JOHNSON, Judges.

OPINION

JOHNSON, Judge.

BFI Waste Systems of North America, Inc. and the Franklin County Fiscal Court have appealed from an order entered by the Franklin Circuit Court on October 23, 2001, which granted summary judgment1 in favor of the Huntington Woods Neighborhood Association, Inc. Having concluded that Huntington is entitled to a judgment as matter of law, we affirm.

In 1991 the Kentucky General Assembly enacted...

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