Hogge v. Rowan County Fiscal Court
Hogge v. Rowan County Fiscal Court
Opinion of the Court
Reversing.
We are asked to determine whether the Rowan County Fiscal Court has the authority to appropriate the sum of $3,000 for the purchase of a tract of land which it proposes to convey, for a consideration of $1, to the Commonwealth, to be used as a site for district headquarters of the state police.
The Constitution, section 144 of which merely creates the fiscal court, has left to the General Assembly the right to define the powers and duties of that body. Rentz v. Campbell County, 260 Ky. 242, 84 S. W. 2d 44. It possesses no authority which the Legislature has not expressly or impliedly conferred upon it; and its implied power is limited to the authority reasonably necessary to execute or to discharge its express duties. Bruner v. Jefferson County Fiscal Court, 239 Ky. 613, 40 S. W. 2d 271.
KRS 67.080, subsection (2), authorizes a county to buy land for the use of the county, when necessary, for the' purpose of erecting thereon public buildings etc. County purposes have been distinguished from state purposes in many cases, although we have found no decision , in Kentucky on this point. Invariably, the test has been described to be whether the purpose is for the sole benefit of the county as a unit or for the benefit of the entire state. Police Protective Association of Colorado v. Warren, 101 Colo. 586, 76 P. 2d 94. Applying this definition, we find no express authority in KRS 67.080 for the action herein proposed to be taken.
KRS 70.540 to 70.570, inclusive, provides for a coun
In several cases, this court has held that where a municipality has the right or duty to perform certain functions it has the implied authority, by contract with private institutions or state agencies, to provide for the carrying on of such functions. One of such cases is Board of Trustees of House of Reform v. Lexington, 112 Ky. 171, 65 S. W. 350. In those cases, the private institutions or governmental agencies receiving the contribution made by the municipalities contracted to perform services for such municipalities but not in a manner calculated to embarrass the institution or governmental agency in the performance of any duty it should owe to the public in general. Since such contracts do not interfere with the public welfare, they do not contravene public policy; on the contrary, they are consonant with it. A different situation appears in the case before us. It is the duty of the state police to maintain law and order throughout the limits of the Commonwealth without favor to any particular locality; but the fact that a particular locality may benefit to a greater extent by reason of district headquarters being established therein is not sufficient to declare the establishment of such a district headquarters to be invalid. If, however, it should be held that a county could induce the state police to locate its headquarters in the county by making a contribution such as has been attempted by the fiscal court in this case, it is apparent that counties would bid against each other
For the reasons assigned, we are of the opinion that the Chancellor erred in approving the right of the fiscal court of Rowan County to make the appropriation for the purpose expressed.
The judgment is reversed with directions that it be set aside and that another be entered, in conformity with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.