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DAYTON POWER v. DEPT. OF REVENUE, FINANCE

No. 2011-CA-001438-MR.

405 S.W.3d 527 (2012)

DAYTON POWER AND LIGHT COMPANY, Appellant v. DEPARTMENT OF REVENUE, FINANCE AND ADMINISTRATION CABINET, COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 21, 2013.

Attorney(s) appearing for the Case

Bruce F. Clark , Michele M. Whittington , Frankfort, KY, for appellant.

Stewart Douglas Hendrix , Office of Legal Services for Revenue, Frankfort, KY, for appellee.

Before COMBS, DIXON, AND VANMETER, Judges.

OPINION

COMBS, Judge:

Dayton Power and Light Company (DP & L) appeals the order of the Franklin Circuit Court which upheld a ruling of the Department of Revenue (the Department). After reviewing the law and the record, we affirm.

DP & L is an electric utility company that provides power to customers in Ohio. It does not serve any customers in Kentucky, but it possesses a 31% interest in a power facility in Boone County, the East Bend...

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