Cassidy v. City of Bowling Green

CLAY, Commissioner.

This is a declaratory judgment action involving the constitutional validity of certain ordinances of the City of Bowling Green which established a municipally operated garbage disposal system. Particularly in question is the right of the City to require those who do not use the service to pay the regular monthly charge and the right of the City to cut off its water service to property owners or tenants whose garbage disposal bills are delinquent.

Because of a health problem in Bowling Green, arising from unregulated private garbage disposal, the City enacted a comprehensive…