Request By:
Mr. Paul E. Patton
Pike County Judge Executive
Pike County Courthouse
Main Street
Pikeville, KY 41501
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Suzanne Guss, Assistant Attorney General
I am in receipt of your letter requesting an opinion of the Attorney General regarding a petition for a local option election for Magisterial District One in Pike County, which is dry pursuant to a 1982 countywide election. You have presented the following questions:
(1) Would KRS 242.030, which prohibits a local option election in the same territory oftener than once every three years, apply to a magisterial district which voted as a part of the countywide local option election less than three years previous?
This question is premised upon the assumption that the district may hold a local option election. However, in
Stice v. Milliken, Ky., 343 S.W.2d 824 (1961) and
Stephens v. Stumbo, Ky., 239 S.W.2d 995 (1951) the Kentucky Court of Appeals held that once an entire county voted "dry" as a unit, no smaller governmental unit of the county can hold a separate local option election except cities of the first four classes. See KRS 242.125. Thus, the question presented is premature because the district may not conduct a local option election. See OAG 77-467 and OAG 70-500, attached hereto.
(2) In view of
Stice v. Milliken, supra, what effect, if any, would the recent decision of the Magoffin County Circuit Court have which allowed a local option election in one magisterial district to stand?
The Circuit Court's decision will have no effect upon existing statutory or case law.
(3) Should you, as county judge, set a date for such election?
No. There can be no election in Magisterial District One, for the reason stated above, and there can be no countywide election within three years of the date of the last election on August 24, 1982.
We are unable to respond to your last question regarding the possible effects of redistricting. Opinions may not be rendered in response to hypothetical or abstract questions. See KRS 15.025(4) and 40 KAR 1:020.
If we can be of any additional assistance, please contact us.