Commonwealth v. Carroll County Fiscal Court

HOWERTON, Judge.

The Commonwealth appeals from a judgment of the Carroll Circuit Court declaring that the fiscal court was under no mandatory duty to provide a county jail or other correctional facility within the county. The Commonwealth argues that the trial court erred in that there was no justiciable controversy authorizing a declaratory judgment, and that the result of the decision was erroneous for three reasons. It alleges the county is required to provide a jail under the doctrine of contemporaneous construction, that a county jail is a necessary county building, and that the operation…