Coppage Construction Company, Inc. v. Sanitation District No. 1 and Dci Properties-Dky, LLC

Summary

The Kentucky Supreme Court held that Sanitation District No. 1 is not entitled to sovereign immunity because it was not created by the state or a county and does not perform a function integral to state government. Applying the governing two-prong analysis, the Court characterized sanitation districts as local municipal corporations performing proprietary sewer and storm-water services rather than statewide governmental functions. The Court reversed the Court of Appeals and vacated the circuit court's summary judgment, remanding for further proceedings; VENTERS, J., concurring, would also rely on the absence of any risk to the public treasury.