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TRIMBLE CTY., ETC. v. TRIMBLE CTY. BD. OF H.

587 S.W.2d 276 (1979)

TRIMBLE COUNTY FISCAL COURT, Dallas Moore, Magistrate, Orvile Smith, Magistrate, Ivan Louden, Magistrate, and Morris Garrett, Magistrate, Appellants, v. TRIMBLE COUNTY BOARD OF HEALTH, Clyde Greenwood, County Judge, and Robert Moore, County Court Clerk, Appellees.

Court of Appeals of Kentucky.

September 14, 1979.

Attorney(s) appearing for the Case

James F. Thomas, Newcastle, Bobby K. True, Bedford, for appellants.

E. Irene P. Long, Bedford, for appellee Trimble County Bd. of Health.

Hamilton, McClellan, Croley & Fendley, Bruce R. Hamilton, LaGrange, for appellee Clyde E. Greenwood.

Before HOGGE, HOWERTON and VANCE, JJ.

HOWERTON, Judge.

Dallas Moore, Orvile Smith, Ivan Louden, and Morris Garrett are magistrates in Trimble County, Kentucky; and, together with the county judge, they constitute the fiscal court. The magistrates appeal from a writ of mandamus issued by the Trimble Circuit Court ordering them to set a health tax rate of four (4) cents per $100 assessed property value. The rate had been established and requested by the Trimble County Board of Health, pursuant to KRS 212...

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