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Request By:

Honorable Burt J. Deutsch
Director, Department of Law
City of Louisville
City Hall
Louisville, Kentucky 40202

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of February 23 in which you ask us to reconsider our conclusion in OAG 77-54 to the effect that no authority was found under the Municipal Housing Authority Act authorizing the delegation of proxies by members of the housing commission. In your request for reconsideration you relate the following additional facts not previously presented.

"In requesting your reconsideration, I am submitting a certified copy of Ordinance No. 114, Series 1974 enacted by the Board of Aldermen of the City of Louisville on 18 September, 1974. This Ordinance was enacted pursuant to the Home Rule authority granted to the City by KRS 83.520 and enlarged the membership of the Housing Commission and authorized the Mayor to appoint a designate who would have all powers of the Mayor as an ex officio member."

In view of the additional information submitted involving the utilization of the city's home rule authority pursuant to KRS 85.520 and upon further researching the question, we find an unpublished opinion, namely OAG 74-702 (copy enclosed) covering the identical question which is answered in the affirmative.

Under the circumstances, OAG 77-54 is withdrawn.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 642
Cites:
Cites (Untracked):
  • OAG 74-702
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