Legal question involving my area:

Kentucky has classification for cities.

My town, Elizabethtown, has 20,000+ residents (Class 2 population), but forever has been registered as a Class-4 city (which means E'town is registered as a smaller town and allows E'town to have a not-so-popular restaurant tax).

The restaurant tax was inacted in the last 2 years and has brought in more money than expected (enough to finance the remodeling of a theater downtown as well as build a sports complex long overdue).

But some folks are pushing for E'town to class correctly, meaning have the city council - the people who implemented the restaurant tax - vote and send proper class to the state government in Frankfort.

Here's a question that lawyers and judges in my area are baffled about: If Elizabethtown were to change classifications, would the restaurant tax automatically be null and void, or could it still remain because of the "grandfather clause."

I have a hard time believing folks in my area - there was no major push, in the previouus 50 years, for reclassification prior to the tax - would be pushing reclassification this much if the tax could still remain.

Anybody have a clue?

 

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