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Lexington, City of v. Cox

Citation: 2 ELR 20442
No. No. V-4971, 481 S.W.2d 645/4 ERC 1199/(Ky. Ct. App., 05/26/1972)

A public nuisance action may be brought either in the county in which the nuisance is committed, or in the county in which the inhabitants are aggrieved. The Jessamine County circuit court has jurisdiction over an indictment returned by the Jessamine Grand jury against the city of Lexington, in Franklin County, for the pollution of a stream which carries the pollution into Jessamine County. The Kentucky Water Pollution Control Commission does not have exclusive jurisdiction over water pollution cases, and the common law of public nuisance is not abrogated by the Commission's existance. An order prohibiting the circuit court from proceeding further is denied.

Counsel for Petitioner
George F. Rabe
Corporation Counsel
Municipal Building
Lexington, Kentucky 40504

Counsel for Respondent
Henry Clay Cox, Judge
Jessamine Circuit Court
Nicholasville, Ky.

All concur.