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BULLITT FISCAL COURT v. BULLITT COUNTY

No. 2013-SC-000023-DG.

434 S.W.3d 29 (2014)

BULLITT FISCAL COURT, Bullitt County, Appellants Kentucky; City of Shepherdsville; City of Mount Washington; City of Hillview; City of Lebanon Junction; City of Pioneer Village; City of Hebron Estates; City of Hunters Hollow; and City of Fox Chase v. BULLITT COUNTY BOARD OF HEALTH, Appellee.

Supreme Court of Kentucky.

June 19, 2014.

Attorney(s) appearing for the Case

John E. Spainhour, Jr. , Monica Meredith Robinson , Tammy Renee Baker , for appellant, Bullitt Fiscal Court, Bullitt County, Kentucky.

Joseph Wantland , for appellant, City of Shepherdsville.

Norman Richard Lemme , Matthew R. Lemme , for appellant, City of Mount Washington.

Mark Edward Edison , for appellants, City of Hillview; City of Lebanon Junction; City of Pioneer Village; City of Hebron Estates; City of Hunters Hollow; City of Fox Chase.

Phillip D. Scott , Jason Trent Ams , for appellee.

Michael Jay O'Hara , for amicus curiae, American Cancer Society; The American Cancer Society Cancer Action Network; The American Heart Association; American Lung Association; American Lung Association of the Midland States; American for Nonsmokers' Rights; Campaign for Tobacco-Free Kids; The National Association of County and City Health Officials; The National of Local Boards of Health; Foundation for A Healthy America; Kentucky Health Departments Association; Kentucky Public Health Association; Kentucky Medical Association; Kentucky Nurses Association; Tobacco Control Legal Consortium.

Alan Jerome George , for amicus curiae, Clark County Board of Health; Madison County Board of Health; Woodford County Board of Health.

Opinion of the Court by Justice CUNNINGHAM.

"Tobacco is a nasty weed," allegedly spoke King James I of England in 1604 while in a rather lyrical mood. "Right from the hell they brought the seed. It fouls the mouth and soils the clothes and makes a chimney of the nose."

Historical Background

Little could King James have envisioned what a dynamic course his "weed" would take over the next four hundred years in America. No state has been more...

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