Fiscal Court of Jefferson County v. Brady, 885 S.W.2d 681 (1994)
Kentucky Supreme Court's decision: https://casetext.com/case/fiscal-court-of-jefferson-cty-v-brady
A group of taxpayers filed suit against the Fiscal Court of Jefferson County, Kentucky to challenge grants being made from county tax revenues by direct payment to specified privately-owned schools, designated as school transportation subsidies. The taxpayers alleged that the payments violated the Kentucky Constitution. The circuit court ruled in favor of the taxpayers and ordered the Fiscal Court to stop providing direct aid to nonpublic schools. On appeal, the court affirmed and explained that, when payment was made directly to a nonpublic school, Ky. Const. § 184, which provided that public money could not be expended for education other than in common schools without a vote of the people, was violated.
The court affirmed the order of the trial court holding that the fiscal court's grants to private schools as transportation subsidies violated Kentucky law.
[1] Appellant’s Brief (January 11, 1994)
- NOTE: (Appendix includes: Memorandum and Order of Jefferson Circuit Court; Order Granting Transfer to Supreme Court Affidavit of Richard N. Johnstone; Affidavit of Michael J. Franken; Affidavit of David P. Klosterman; Affidavit of Sandy Walker Wooley; Affidavit of Lorraine M. Golden, and; Affidavit of William Smallwood)
[2] Appellee’s Brief (February 7, 1994)
[3] Appellant’s Reply Brief (February 23, 1994)
[4] Amicus Curiae Brief on Behalf of the Roman Catholic Archdiocese of Louisville and the Kentucky League for Educational Alternatives (March 17, 1994)
