Spanish Cove Sanitation, Inc. v. Louisville-Jefferson County Metropolitan Sewer District

GRAVES, Justice.

In 1993, the Court of Appeals declared KRS 65.115 1, a statute which was enacted to provide compensation for taking sewage treatment utility property, unconstitutional as special legislation. Consequently, the Jefferson Circuit Court in this case correctly granted a motion to dismiss a subsequent complaint seeking recovery based on the same statute. Once an appellate court has declared a statute unconstitutional in its entirety, the statute cannot thereafter provide any rights or powers under Kentucky law.

Appellant, Spanish Cove Sanitation, owns a waste water treatment…