Cummings v. Pendleton County Board of Education

CAMMACK, Judge.

At an election held on May 29, 1956, the voters of the Pendleton County School District approved a special school building fund tax under KRS 160.477. A taxpayers’ suit then was brought by one Ernest Cummings, questioning the validity of the election on the ground that the order of the fiscal court calling the election did not meet the requirements of KRS 67.100 which prescribes the formalities for fiscal court orders. The circuit court held the election valid, and Cummings has appealed.

At a regular session of the fiscal court held on May 10, 1956, a formal typewritten order,…