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CONRAD v. LEXINGTON-FAYETTE URBAN CTY. GOVERN.

659 S.W.2d 190 (1983)

Richard M. CONRAD, Helen Richardson, Paula Jean Sympson Smith, Ralph J. Ransdell, Sr., Helen M. Pena, Clifford Schlausky, E.J. Wagner and Richard C. Cox, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Edgar Wallace, John Wiggington, Joe Jasper, Anne V. Gabbard, Mary C. McNeese, J.H. Combs, Eleanor H. Leonard, Fred Brown, William Rice, Lyman Ginger, Paul Rose, Carol Jackson, Donald Blevins, Ann Ross and James Todd, Members of the Lexington-Fayette Urban County Council; James G. Amato, Mayor of the Lexington-Fayette County Government; Lexington-Fayette County Health Department, Gordon R. Garner, Commissioner of Public Works of the Lexington-Fayette Urban County Government, Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 23, 1983.

Attorney(s) appearing for the Case

William C. Jacobs, Wilson, Jacobs & Wilson, Lexington, for appellants.

Barbara B. Edelman, Rena G. Wiseman, Lexington-Fayette Urban Co. Govt., Department of Law, Lexington, for appellees.

Phillip D. Scott, Kathleen A. McDonough, Greenebaum, Doll & McDonald, Lexington, for Health Department.

WINTERSHEIMER, Justice.

This appeal is from a judgment entered September 3, 1982, which determined that the Lexington-Fayette Urban County Government may proceed with a sanitary sewer project because it complied with the provisions of the sanitary sewer act. Various property owners sought declaratory and injunctive relief challenging the proposed imposition of the special sewer assessment as unconstitutional.

The principal question presented is whether KRS...

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