Lexington-Fayette Urban County Board of Health v. Board of Trustees

SAM E. ISAACS, II, Special Justice.

The issue before this Court is whether the Lexington-Fayette Urban County Board of Health (Board of Health) can enforce local health regulations against the University of Kentucky (University), a state agency.

Counsel for the University has conceded that the Board of Health has authority to enforce state health laws and state regulations against state agencies, including the University. The issue to be decided is whether the Board of Health has the authority to enact or enforce local health laws or local regulations against the University.

This controversy…