dissenting.
I respectfully dissent from the majority opinion because based on the evidence before this Court, no regional jail authority has been validly created pursuant to statute. The truly significant question of operation of a regional jail authority is considered only in the abstract by means of an advisory opinion. The threshold statutory requirements have been ignored.
The ordinances and other legislative actions of each county make no mention of which, if any, other county is to participate in the authority. At least one of the four counties which was apparently intended as a necessary participant in the authority has not adopted any ordinance or appropriate legislative document. The ordinances establishing a regional jail authority should set out which counties are doing so and not merely that the county adopting the ordinance is establishing an authority. Clearly, it cannot do that alone. See K.R.S. 441.800(1).
The facts in the record indicate that the fiscal courts of Johnson, Lawrence, Magof-fin and Martin counties attempted to establish a regional jail authority pursuant to K.R.S. 441.800 et seq. A site in Johnson county was chosen for the regional jail and Johnson county became the leading party in establishing the facility. It acquired title to the land, issued bonds on which it was the sole obligor and constructed the facility. According to the plan, Johnson county would make payment on the bonded indebtedness and bill the other participants on a pro rata basis based on population.
The jail is not owned and operated by the authority. The record shows it is owned entirely by Johnson county. Although it is contended that Johnson county is merely holding the property in trust, nothing in the deed supports such an interpretation. Individuals must follow statutory constructions in the development of their contracts and the government must be held to the same standard. Here only Johnson county’s name is on both the deed and the bonds.
*231To compound the problems already obvious in this entire situation a majority of our court has decided to reach the important but entirely theoretical question of whether a valid authority has been established. A careful review of the record indicates that this certainly is not the case in which to address such an important question.
I can agree with the majority when it determines that KRS 441.005 provides for a separate definition of the terms “jail” and “regional jail.” A jail is a county jail or correctional and detention facility while a regional jail is defined as being a jail owned and operated by two or more counties through a jail authority. K.R.S. 71.020 which grants the jailer the right to operate a county jail does not conflict with K.R.S. 441.800 which grants a regional jail authority the power to operate a regional jail. The regional jail statute does not usurp the functions of a county jailer. Unfortunately, it is a sad commentary on our current society that there is probably a significant need for both a county jail and a regional jail authority in many parts of this Commonwealth.