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CTY. GOV'T WASTE v. JEFFERSON CTY. LEAGUE

2019-SC-0520-DG.

626 S.W.3d 623 (2021)

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT WASTE MANAGEMENT DISTRICT; Greg Fischer, in His Official Capacity as Mayor of Louisville Metro Government and Robert Schindler, Appellants v. JEFFERSON COUNTY LEAGUE OF CITIES, INC.; City of Bancroft; City of Bellewood; City of Indian Hills; City of Jeffersontown; City of Seneca Gardens; City of Shively; Commonwealth of Kentucky, Energy and Environment Cabinet; Commonwealth of Kentucky ex rel. Attorney General Daniel J. Cameron; National Waste and Recycling Association, Kentucky Chapter, Appellees.

Supreme Court of Kentucky.

June 17, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Peter Frank Ervin , Assistant Jefferson County Attorney.

COUNSEL FOR APPELLEE, JEFFERSON COUNTY LEAGUE OF CITIES: Culver Vaughn Halliday , Louisville, Adam Clay Reeves , Lexington, Stoll Keenon Ogden PLLC.

COUNSEL FOR APPELLEE, CITY OF BANCROFT: Terri Elaine Boroughs , Chapin Elizabeth Scheumann , Richard Paul Schiller , Schiller Osbourn Barnes & Maloney, PLLC, Louisville.

COUNSEL FOR APPELLEES, CITY OF BELLEWOOD; CITY OF INDIAN HILLS AND CITY OF SHIVELY: Finn Robert Cato , Cato & Cato.

COUNSEL FOR APPELLEES, CITY OF JEFFERSONTOWN AND CITY OF SENECA GARDENS: Schuyler John Olt , Louisville.

COUNSEL FOR APPELLEE, COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIRONMENT CABINET: Daniel Clark Cleveland , Joseph Anthony Newberg .

COUNSEL FOR APPELLEE, COMMONWEALTH OF KENTUCKY EX REL. ATTORNEY GENERAL DANIEL J. CAMERON: Barry Lee Dunn , Matthew Franklin Kuhn , Victor Bruce Maddox , Assistant Attorney General.

COUNSEL FOR APPELLEE, NATIONAL WASTE AND RECYCLING ASSOCIATION, KENTUCKY CHAPTER: Robert Kenyon Meyer , Young-Eun Park , Louisville, Joshua Tanner Watkins , Dinsmore & Shohl, LLP, Kathryn Kirby Wood .

COUNSEL FOR AMICUS, KENTUCKY RESOURCES COUNCIL: Thomas Joseph FitzGerald , Frankfort.

Kentucky Constitution Section 156a permits the legislature to classify cities on a number of bases but requires that "[a]ll legislation relating to cities of a certain classification shall apply equally to all cities within the same classification." In 2017, the legislature amended KRS1...

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