Scalise v. Sewell-Scheuermann

VENTERS, J., DISSENTING:

I agree with the Majority's conclusion that Audubon Park's sanitation assessment is a tax. However, I respectfully dissent because the Majority errs in applying the so-called "offset defense" to reduce the liability established by KRS 92.340 when private citizens initiate actions against public officials who violate § 180 of the Kentucky Constitution. The General Assembly has expressly defined the amount of liability owed by public officials who violate KRS 92.340, and the Court's obligation is to enforce the statute as written by the legislature. I also dissent from…