OAG 77-691 is cited in the decision to indicate a change in the Attorney General's opinion regarding the authority of fiscal courts to pass ordinances regulating Sunday retail activities. Initially, in OAG 77-691, it was concluded that fiscal courts could not pass such ordinances as they were not considered legislative bodies. However, following a modification by the Supreme Court of Kentucky, which clarified that legislative authority can be delegated to fiscal courts through specific statutes, the Attorney General's office has withdrawn the earlier opinion (OAG 77-691) and now supports the fiscal court's authority to enact such ordinances under KRS 436.165(2).
OAG 77-691 was Withdrawn by OAG 77-762
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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.
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.