Legal Opinion

Beverly P. White Towers Ltd. Partnership v. City of Winchester

Kentucky Supreme Court

Decided January 16, 1986Published

1Opinion of the Court

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the circuit court in upholding the validity of a Winchester city licensing ordinance which permitted exemptions to apartment buildings of 3 or less units whereas buildings with 4 or more units were taxed on a per-unit basis.

The question presented involves the legality of the system of classification and exemption used by the City.

Winchestér, as a third class city has the statutory authority to enact an occupational tax pursuant to KRS 92.280(2). Hopson v. Com’r of Sinking Fund, Ky. 613 S.W.2d 619…

2Cases cited7 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. City of Louisville v. SebreeCourt of Appeals of Kentucky (pre-1976) · 1948
  3. Great Atlantic & Pacific Tea Co. v. Kentucky Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Martin v. City of GreenvilleCourt of Appeals of Kentucky (pre-1976) · 1950
  5. City of Greenville v. MartinCourt of Appeals of Kentucky (pre-1976) · 1948

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