Kuhnhein v. Northern Kentucky Area Planning Commission

D. LAMBERT, JUDGE,.

DISSENTING:

I respectfully .dissent. As KRS 147.620, the enabling statute at issue herein, does not contemplate an area planning commission with only one county member, when Campbell County withdrew from the NKAPC in 1984, the entity ceased to legally exist.

KRS 147.610 states that “[i]n any two (2) or more adjacent counties, one (1) of which has a city having a population of more than 50,000 and not more than 200,-000 inhabitants as declared by the last federal census, the various cities and the counties may consolidate their planning operations by establishing an area planning commission — ” (Emphasis added).

Finding the language of KRS 147.610 to be clear and unambiguous, I would reverse the Kenton Circuit Court’s order.