Kentucky Surpreme Court denies Concerned Citizens Appeal

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By Jonna Spelbring Priester

The mandatory garbage fight may be over.

The Supreme Court of Kentucky has denied an appeal filed in 2008 by the Concerned Citizens for Henry County Government, upholding a decision by the Kentucky Court of Appeals.

Unless the Concerned Citizens group decides to pursue the case to the Supreme Court of the United States, the case has reached its end.

The group filed its case against the county in 2004, alleging that a mandatory garbage collection ordinance and the franchise fees associated with the ordinance violated state law. According to the Kentucky Court of Appeals, Concerned Citizens "argued that the ordinance violated equal protection under the Kentucky Constitution by exempting residents of the county's incorporated cities," that the franchise fee was "unreasonable and invalide as an unnecessary revenue measure," ad that the county's dumpster agreement was invalid for charging dumpster users in excess of the franchise agreement.

In January 2007, the group moved the Henry County Circuit Court for summary judgment, but in April 2008, judgment was granted in favor of the county. After that, Concerned Citizens filed a motion to vacate, alter or amended, and moved for class action certification. That motion was denied in June 2008, and the appeal to the Kentucky Supreme Court followed.