208 S.W.2d 939 | Ky. Ct. App. | 1948
Affirming. *622
This declaratory judgment proceeding was instituted by the county attorney of Jefferson County for the purpose of ascertaining whether or not the Fiscal Court of Jefferson County has the authority to make an appropriation for a landfill project. The following excerpts from the order of the Fiscal Court establishing the landfill project set forth the reasons given by the court for its action:
"Whereas the Chief of the County Police Force has reported to the Court that various citizens of the County have constantly deposited garbage, trash and debris along the county roads and in the drainage ditches which drain county roads, and that in spite of all efforts of the County Police Force to apprehend those guilty of doing so, said Chief of County Police reports it is impossible to break up this practice because there are no places available to county residents within which to deposit said garbage, trash and debris, and
"Whereas C.F. Bradbury, County Road Engineer, has reported to the Court that the depositing of said garbage, trash and debris in said ditches is interfering with the drainage of water from the county roads and is causing him to constantly clean out said drainage ditches, and is interfering with the operation of vehicles over the county roads and the maintenance of said roads; and it is further reported to the Court that after said garbage, trash and debris is removed from said drainage ditches and said roads and is placed in the county road trucks there are now no places available within which to dispose of said garbage, trash and debris."
The following quotation from the chancellor's opinion shows clearly his reasons for ruling against the county attorney:
"He is requesting a declaration of rights. Under Section KRS
"The argument advanced by the appellant, that if the proposed landfill project was to be operated solely for the benefit of Jefferson County owned institutions and agencies, then we would have a much closer question, is not sound when applied to the facts of the present case.
"Here, by providing a place where garbage and debris can be disposed of, the Fiscal Court helps the residents of the County to help themselves. That situation is not analogous to that related in the case of Jefferson County Fiscal Court v. Jefferson County,
"Such is not the situation in the case at bar. Here is expressed authority to provide for the good condition of thepublic highways, and the Court in the resolution adopted is not providing protection for the private property of the residents of the County, but on the contrary is providing for the protection of its own public highways.
"Nor is the case of Jefferson County v. Jefferson County Fiscal. Court,
We deem the reasoning of the chancellor to be sound. Furthermore, as pointed out in Commonwealth v. Fayette County,
For the reasons given we think the judgment should be and it is affirmed.