City of Shelbyville Ex Rel. Shelbyville Municipal Water & Sewer Commission v. Commonwealth, Natural Resources & Environmental Protection Cabinet

HOWARD, Judge.

In this case, the City of Shelbyville ex rel Shelbyville Water and Sewer Commission appeals from an order of the Franklin Circuit Court denying its motion for summary judgment and dismissing its complaint. The appellant seeks to prevent the Natural Resources and Environmental Protection Cabinet from breaching the Guist Creek Reservoir Dam. The Commission claims that such action would eliminate the City’s only water source. The appellant also seeks to have the Department of Fish and Wildlife Resources reconstruct the dam to meet applicable safety standards.

In 1959, the Department…