1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 238 S.W.3d
  5. 238 S.W.3d 673 (2007)
 

WESSELS CO., LLC v. SANITATION DIST. NO. 1

No. 2005-CA-002418-MR.

238 S.W.3d 673 (2007)

The WESSELS COMPANY, LLC, and Thomas Seiter, Appellants, v. SANITATION DISTRICT NO. 1 of Northern Kentucky; Boone County; Campbell County; City of Alexandria; City of Bellevue; City of Bromley; City of Cold Springs; City of Covington; City of Crescent Springs; City of Crestview Hills; City of Crestview; City of Dayton; City of Edgewood; City of Elsmere; City of Erlanger; City of Fort Mitchell; City of Fort Thomas; City of Fort Wright; City of Highland Heights; City of Independence; City of Kentonvale; City of Lakeside Park; City of Latonia Lakes; City of Ludlow; City of Melbourne; City of Newport; City of Park Hills; City of Ryland Heights; City of Silver Grove; City of Southgate; City of Taylor Mill; City of Union; City of Villa Hills; City of Wilder; City of Woodland; Kenton County; and Kentucky Transportation Cabinet, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 12, 2007.

Attorney(s) appearing for the Case

Todd V. McMurtry, Mark D. Guilfoyle, Kevin F. Hoskins, Deters, Benzinger & Lavelle, P.S.C., Crestview Hills, KY, for appellants.

Wm. T. Robinson III, John C. Bender, Luann Devine, Greenebaum Doll & McDonald, Gerald F. Dusing, Brian M. Ellerman, Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, KY, for appellee, Sanitation District No. 1.

Christopher J. Mehling, Taliaferro, Mehling, Shirooni, Carran & Keys, Covington, KY, for appellees, Cities Of Elsmere, Independence and Ludlow, Kentucky.

John C. Fischer, Dayton, KY, for appellee City of Dayton, Kentucky.

J.R. Schrand, Boone County Attorney, Burlington, KY, for appellee, County of Boone, Kentucky.

Frank A. Wichmann, Wichmann & Schaffer, Erlanger, KY, for Appellees, Cities of Erlanger, Edgewood, Taylor Mill, Alexandria, Crescent Springs, Crestview Hills, Villa Hills, Ft. Mitchell, Ft. Thomas, Lakeside Park, Covington, Park Hills, Highland Heights, Bellevue, Melbourne, Newport, Southgate, Wilder, Silver Grove and the Kentucky Transportation Cabinet.

Greg D. Voss, Edgewood, KY, for Appellee, City of Union, Kentucky.

Before ABRAMSON, Judge; KNOPF and ROSENBLUM, Senior Judges.

OPINION

KNOPF, Senior Judge.

At issue in this appeal is the statutory authority of appellee Sanitation District No. 1 of Northern Kentucky (the "district") to implement a system for managing of storm water runoff and to impose a fee in connection with that service. The Boone Circuit Court entered summary judgment on appellants' claim that KRS Chapter 220 does not afford the district authority to manage separate storm water sewer systems or permit...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases