Nichols v. Marks

Opinion of the Court by

Judge Latimer

Affirming.

Tlie City of Lexington-Fayette County Board of Health, authorized and directed its Secretary to place Dr. E. M. Thompson, Health Officer, on the payroll as of June 1, 1948', at the increased salary of $708.33 per month.

Appellants, believing this to be violative of Section 246 of the Constitution in that the increase creates a salary in excess of $5,000 per year, brought this action in Fayette Circuit Court seeking a declaration of rights.

Upon consideration, the court below adjudged Dr. E. M. Thompson, as Health Officer of the LexingtonFayette…