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FISCAL COURT OF JEFFERSON COUNTY v. SMITH

455 S.W.2d 550 (1970)

FISCAL COURT OF JEFFERSON COUNTY, Kentucky, Petitioner, v. Macauley SMITH, Judge, Jefferson Circuit Court, Respondent.

Court of Appeals of Kentucky.

June 12, 1970.

Attorney(s) appearing for the Case

J. Bruce Miller, County Atty., John G. Carroll, Asst. County Atty., Louisville, for petitioner.

Harry Lee Meyer, John M. Bensinger, Jr., Louisville, for respondent.

CLAY, Commissioner.

This is a proceeding to obtain a writ of prohibition against the Honorable Macauley Smith, Judge of the Jefferson Circuit Court. Petitioner attacks respondent's court order in an action pending before him which authorized the plaintiffs to take certain depositions.

Petitioner, acting in its official capacity, ordered a zoning change. In the suit of Ubaldi, et al. v. Fiscal Court of Jefferson County, this order was assailed on the grounds...

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