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Legal Opinion · Dissent

Commonwealth v. Do, Inc.

Kentucky Supreme Court

Decided July 5, 1984Published

1DissentLeibson, Justice

Respectfully, I disagree with the decision upholding the Board of Health’s power to enact the rule in question. The question is not whether the General Assembly preempted the field of lead poisoning control by enacting KRS 211.900-211.905 and 211.994. The question is whether the Louisville and Jefferson County Board of Health has the authority to enact a rule legislative rather than administrative in character. In my view it does not.

The Louisville and Jefferson County Board of Health is created pursuant to KRS 212.350 to perform the functions of a county department of health. KRS 212.370…

2Cases cited4 opinions

  1. Legislative Research Commission Ex Rel. Prather v. BrownKentucky Supreme Court · 1984
  2. Henry v. ParrishCourt of Appeals of Kentucky (pre-1976) · 1948
  3. City of Ashland v. Ashland Supply Co.Court of Appeals of Kentucky (pre-1976) · 1928
  4. Barnes v. JacobsenCourt of Appeals of Kentucky · 1967

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