Skip to main content

Request By:

Hon. Thomas P. Luckett
Union County Judge
Morganfield, KY 42437

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: James S. Goldberg, Assistant Attorney General

This letter is in response to your correspondence of July 18, 1977, in which you have asked this Office for an opinion as to whether or not it is possible for a magisterial district, located in a "wet" county, to subsequently hold an election to determine its own local option status.

Under the provisions of KRS 242.125, and more particularly the cases of Stephens v. Stumbo, Ky., 239 S.W.2d 995 (1951) and Stice v. Milliken, Ky., 343 S.W.2d 824 (1961), once an entire county has voted "dry" as a unit, no smaller governmental unit of that county can subsequently hold a separate local option election, except for cities of the first four classes. Where, however, a county is "wet," a lesser unit of government, such as a magisterial district, may subsequently conduct a separate election to determine its own local option status.

I hope that this opinion will satisfactorily answer your question. If I can be of any further service, please do not hesitate to call upon me.

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 318
Forward Citations:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.