MILLER v. COVINGTON DEVELOPMENT AUTHORITY


539 S.W.2d 1 (1976)

Esther MILLER et al., Appellants, v. COVINGTON DEVELOPMENT AUTHORITY et al., Appellees. Charles D. MITCHELL et al., Appellants, v. COVINGTON DEVELOPMENT AUTHORITY et al., Appellees.

Supreme Court of Kentucky.

June 25, 1976.


Attorney(s) appearing for the Case

Samuel Milner, Eblen, Milner, Rosenbaum & Wilson, Lexington, R. Barry Wehrman, Covington, for appellants.

Jo M. Ferguson, Grafton, Ferguson, Fleischer & Harper, Louisville, Donald C. Wintersheimer, Covington, A. Wallace Grafton, Jr., Sheryl G. Snyder, Francis J. Mellen, Jr., Wyatt, Grafton & Sloss, Louisville, George F. Rabe, Lexington, for appellees.

Whayne C. Priest, Jr., Bowling Green, W. David Denton, Paducah, for amici curiae.


PALMORE, Justice.

This is a test suit to determine whether two acts of the 1974 General Assembly are valid. They are ch. 131, the Local Development Authority Act, and ch. 132, the Tax Increment Act, which have been placed in the statutes as KRS 99.610-99.680 and KRS 99.750-99.770, respectively. We find them both invalid.

Section 1 of the Local Development Authority Act states as its legislative policy "the preservation and revitalization of historically or...

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