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.