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WHITFORD v. HEHL

612 S.W.2d 759 (1980)

Roy WHITFORD, T. K. Lewis, and Ralph Beiting, Individually and as Members of the Campbell County Courthouse Commission, Appellants, v. Lambert HEHL, Jr., Joseph Schwalbach, Albert Schneider and Anthony Bardo, as Members of the Campbell County Fiscal Court; and City of Newport, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied March 24, 1981.

Attorney(s) appearing for the Case

Frank v. Benton, III, Newport, for appellants.

James R. Poston, Jan Paul Koch, Newport, for appellees.

Before WHITE, HOGGE and LESTER, JJ.

WHITE, Judge.

This appeal challenges the determination of the Campbell Circuit Court that KRS 68.480 is constitutional. That statute in full provides:

In all counties containing a city of the second class, which on December 31, 1976 had a courthouse district tax in effect, the fiscal court is authorized to levy a tax, to be imposed in the same geographical area in which the courthouse district tax was in effect on December 31, 1976 of

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