City of Covington v. Board of Trustees of the Policemen's & Firefighters' Retirement Fund

Respectfully, I must dissent. The majority has, in my opinion, erred in failing to apply offensive collateral estoppel in this action. City of Covington v. Peare, Ky.App., 769 S.W.2d 761 (1989), originated in the Kenton Circuit Court in 1987 when two firefighters sought a declaratory judgment against the City of Covington (hereinafter “City”) and the Board of Trustees of the Policemen’s and Firefighters’ Retirement Fund (hereinafter “Board”). The relief sought in Peare was precisely the relief sought by the firefighters and policemen in this action: inclusion of terminal leave pay as salary…