BOARD OF ED. OF JEFFERSON CO. v. Board of Education

In considering whether the provisions of House Bill 158, Chapter 189 of the Acts of the 1970 General Assembly, now codified as KRS 160.047 and 160.049, contravene constitutional provisions the events preceding that enactment must be examined. For more than a decade in order to establish a new high school, the Board of Education of the City of Louisville searched for a suitable tract of land in that part of its district generally known as the Upper Highlands.1 Because of the intense devel*502opment of the area none was found, but contiguous to the Louisville district boundary in the Jefferson…