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COUNTY FISCAL COURT v. COUNTY PUBLIC HOSP.

No. 2002-CA-002421-MR.

154 S.W.3d 286 (2005)

CALLOWAY COUNTY FISCAL COURT, Appellant, v. MURRAY-CALLOWAY COUNTY PUBLIC HOSPITAL CORPORATION and Community Healthcare Foundation, Inc., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 9, 2004.

Discretionary Review Denied by Supreme Court February 9, 2005.

Attorney(s) appearing for the Case

Randall A. Hutchens, Calloway County Attorney, Murray, KY, for appellant.

Carole D. Christian, Louisville, KY, for appellees.

Before COMBS and TACKETT, Judges; and MILLER, Senior Judge.

OPINION

COMBS, Judge.

The Calloway County Fiscal Court (Fiscal Court) appeals from an Order and Judgment of the Calloway Circuit Court denying its complaint for declaratory and injunctive relief. The Fiscal Court challenged the acts of the Board of Commissioners of the Murray-Calloway County Public Hospital (the Hospital), in creating and appropriating funds for Community Healthcare Foundation, Inc. (the Foundation), as violating § 179 of the Kentucky...

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