Dempsey v. Stovall

*423DISSENTING OPINION

MONTGOMERY, Judge.

I respectfully dissent from the majority opinion primarily because Albert Dempsey, who seeks injunctive relief, has failed to show any irreparable injury. It is elementary law that such a showing must be made to entitle one to such relief.

The basis of my dissent is expressed in a unanimous opinion in Breathitt v. Warren -ty Election Commission, Ky., 372 S.W.2d 793. The plaintiffs therein sought in-junctive relief for a violation of an election statute.

After pointing out that those who sought relief had failed to allege or prove that the act done “will in…