Bernard v. Russell County Air Board

STEPHENS, Chief Justice.

This is an appeal from the Kentucky Court of Appeals’ affirmance of the decision of the Russell Circuit Court, holding that the Russell County Air Board had authority to instigate condemnation proceedings against movants’ property.

Two issues are raised by this appeal: whether the Russell County Air Board was a legally constituted organization, and if so, whether it had the right to instigate condemnation proceedings in its own name against movants’ property. We reverse both the trial court and the Kentucky Court of Appeals, holding that the Russell County Air Board was…