Louisville & Jefferson County Metropolitan Sewer District v. Simpson

STEPHENSON, Justice.

The trial court granted the Louisville and Jefferson County Metropolitan Sewer District a partial summary judgment on the basis of sovereign immunity. The Court of Appeals reversed for a trial on the merits. We granted discretionary review and reverse the decision of the Court of Appeals.

The Metropolitan Sewer District maintains storm and sanitary sewer facilities for the City of Louisville and Jefferson County. The District was created pursuant to KRS 76.010 which provides:

In the interest of the public health and for the purpose of providing adequate sewer and drainage…