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WHITLOCK v. ROWLAND

NO. 2013-CA-000681-MR.

453 S.W.3d 740 (2015)

David C. WHITLOCK, individually and in his (former) official capacity as Constable for the 3rd District of Jefferson County, Appellant v. Steve ROWLAND, individually and in his official capacity as the Chief Financial Officer of Louisville/Jefferson County Metro Government; Jane Driskell, individually and in her (former) official capacity as the Chief Financial Officer of Louisville/Jefferson County Metro Government; The Legislative Council of Louisville/Jefferson County Metro Government, individually, officially and collectively, as named herein and comprised of: Attica Scott, Barbara Shanklin, Mary C. Woolridge, David Tandy, Cheri Bryan Hamilton, David James, Ken Fleming, Tom Owen, Tina Ward-Pugh, Jim King, Kevin Kramer, Rick Blackwell, Vicki Aubrey Welch, Bob Henderson, Marianne Butler, Kelly Downard, Glen Stuckel, Jon Ackerson, Jerry Miller, Stuart Benson, Dan Johnson, Robin Engel, James Peden, Madonna Flood, David Yates and Brent Ackerson; and the Louisville/Jefferson County Metro Government, Appellees.

Court of Appeals of Kentucky.

RENDERED: JANUARY 9, 2015; 10:00 A.M..

Attorney(s) appearing for the Case

Briefs for appellant: Guy J. Hibbs , William Bradford Lammi , Louisville, Kentucky

Brief for appellees: N. Scott Lilly , Sarah J. Martin Assistant, Jefferson County Attorneys, Louisville, Kentucky

BEFORE: CLAYTON, COMBS, AND NICKELL, JUDGES.

OPINION

David C. Whitlock has appealed from the Jefferson Circuit Court's rejection of his challenges to the validity of Louisville Metro Code of Ordinances (LMCO) Section 39.060, which purported to limit the rate of pay for Constables. Following a careful review, we reverse and remand to the Jefferson Circuit Court...

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