Corbin officials and a Corbin commission member have filed suit against Knox County stemming from legislation contained in a bill passed in the Kentucky General Assembly earlier this year.
The suit, that lists the City of Corbin and Joe “Butch” White as petitioners, questions the constitutionality of an amendment attached to House Bill 236.
In the suit, Corbin and White claim that an amendment filed by Sen. Robert Stivers is “special legislation” that differentiates Corbin and Knox County from other cities and counties in the state for no rational reason.
They also argue that the amendment is not “germane” to HB236, claiming that is is a Transportation Budge Bill and has nothing to do with the budget.
Under the provisions of the Stivers amendment, Corbin residents who work and pay occupational tax in the Knox County portion of Corbin could not credit their taxes paid to Knox until July 2016.
“The 2014 Amendment was intended to discriminate agains the City of Corbin and Corbon taxpayers,” the suit alleges.
The suit also alleges that the amendment violation both Section 2 and 3 of the Kentucky Consitution.
As part of the suit, Corbin and White are seeking the following relief; a declaratory judgment; an early hearing; temporary and permanent injunctive relief; costs and attorney fees in maintaining this action.
Knox Judge-Executive J.M. Hall said he has looked over the suit, which is being forwarded to the county’d legal counsel for review.
“This is the same thing they filed the last time,” Hall said. “They have filed that it is unconstitutional.”
Hall said he feels the county should not have to bear the expense of a court battle that stems from a legislative action.
“I don’t see how Knox County can be sued for something done by the state. The legislators were the ones that did it…it wasn’t us. They need to sue the state instead of suing Knox County,” he added. “They are suing us over it and costing the county taxpayers another lawyer bill. It’s really not fair.”
The suit, filed Thursday, was filed by attorney Patrick Hughes of Crestview Hills.