Legal Opinion · Dissent

Campbell v. Brewer

Kentucky Supreme Court

Decided March 24, 1994No. 93-SC-170-DGPublished

1DissentStephens, Chief Justice

Respectfully, I dissent.

The precinct elections authorized by the majority in this case have no identifiable support in the law. To the extent that the result here derives from the rationale stated by the Court in Parrott v. Belcher, Ky., 884 S.W.2d 634 (1994), such result is invalid, for the reasons put forth in my dissent in that case.

This scenario is precisely what is foreclosed by KRS 242.030(5), which imposes a three-year moratorium on local option elections held in the “same territory.” On April 13, 1991, a majority of the citizens of Wolfe County voted to abolish prohibition. The filing…

2Cases cited2 opinions

  1. Howard v. SalyerKentucky Supreme Court · 1985
  2. Parrott v. BelcherKentucky Supreme Court · 1994

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