Bernard v. Russell County Air Board

WILHOIT, Judge,

dissenting.

I respectfully dissent from the majority opinion. I cannot see how the trial court *613could award attorney fees against what the Supreme Court has held “was not a legally formed entity.” See Bernard v. Russell County Air Board, Ky., 718 S.W.2d 123 (1986). It may be that certain individuals by their acts of bad faith could be held liable, but any such individuals are not before us.