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NEWPORT INDEPENDENT SCHOOL DIST. v. COM.

No. 2008-CA-001615-MR.

300 S.W.3d 216 (2009)

NEWPORT INDEPENDENT SCHOOL DISTRICT/NEWPORT BOARD OF EDUCATION; and Michael Brandt, Superintendent, Newport Independent School District, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 13, 2010.

Attorney(s) appearing for the Case

Brandon N. Voelker (argued), Cold Spring, KY, Stephen D. Wolnitzek, Covington, KY, for appellants.

Jack Conway, Attorney General of Kentucky, Stuart W. Cobb (argued), Assistant Attorney General, Frankfort, KY, for appellee.

Before ACREE and LAMBERT, Judges; HARRIS, Senior Judge.

OPINION

HARRIS, Senior Judge (Assigned).

The Newport Independent School District, Newport Board of Education, and Superintendent Michael Brandt (Appellants) appeal from an order entered on July 25, 2008, in Campbell Circuit Court upholding the constitutionality of KRS 160.350(2) and dismissing the Appellants' declaratory judgment petition. The Appellants claim that KRS 160.350(2) violates the United States and Kentucky Constitutions in two ways: ...

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