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CITIZENS FOR BETTER ENVIR. v. INDUS. FOUND.

No. 2003-CA-002032-MR.

156 S.W.3d 307 (2004)

CITIZENS FOR A BETTER ENVIRONMENT, INC., Appellant, v. OHIO COUNTY INDUSTRIAL FOUNDATION, INC., Appellee.

Court of Appeals of Kentucky.

December 17, 2004.

Attorney(s) appearing for the Case

M. Thurman Senn, Louisville, KY, for appellant.

John G. Thacker, Owensboro, KY, for appellee.

Before GUIDUGLI, TACKETT, and VANMETER, Judges.

OPINION

VANMETER, Judge.

The Ohio County Fiscal Court, in a successful effort to attract Perdue Farms to open a plant in Ohio County, imposed a 1% occupational tax in Ohio County. Money generated from the tax, in the amount of $500,000 annually, was paid to the Ohio County Industrial Foundation, Inc. (Foundation), which in turn was contractually obligated to pay the money to Perdue Farms. The issue we must resolve is whether this arrangement subjects...

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