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

For several reasons, I respectfully dissent. I would reconsider the constitutionality of KRS 65115 in light of KRS 446.090, overrule Monticello Co. v. Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet,1 reverse the decision of the Court of Appeals in this case, and remand this action to the trial court for it to resolve the merits of Appellant’s KRS 65.115 claim. Although I agree with the majority of this Court and with the Court of Appeals that the trial court correctly dismissed Appellant’s constitutional, inverse (or reverse)2 *922condemnation claim because that…