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Court of Appeals sides with Bevin administration, independent cities in solid waste case

The Kentucky Court of Appeals has reversed a judgment from Franklin Circuit Judge Phillip Shepherd and unanimously ruled in favor of the Bevin administration and Jefferson County’s 83 independent cities in an important case regarding the decision-making powers of local governments.

House Bill 246, a 2017 law championed by Rep. Jerry Miller, restructured the relationship between a county in a consolidated local government and its cities in regard to solid waste management. Louisville-Jefferson County is currently the only consolidated local government in Kentucky.

Shortly after passage of HB 246, Mayor Greg Fischer and Louisville Metro filed suit against the Kentucky Energy and Environment Cabinet, the Jefferson County League of Cities, the Kentucky Chapter of the National Waste and Recycling Association, and every city in Jefferson County.

In late 2017, Judge Shepherd ruled in favor of Mayor Fischer, invalidating the General Assembly’s attempt to give greater local control to Jefferson County’s cities to regulate their own solid waste management practices.

“We applaud the Court of Appeals’ unanimous decision reversing the Franklin Circuit Court’s ruling in favor of Mayor Fischer,” said Matt Kuhn, Deputy Legal Counsel to Gov. Matt Bevin. “This is an important win that protects the prerogatives of cities in Jefferson County to maintain an independent voice from Louisville Metro on matters that directly affect their residents. This victory also affirms the hard work of the General Assembly, especially Rep. Jerry Miller.”

To download the Court of Appeals ruling, click here.

From Governor’s Office

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