FRANKFORT, Ky., Feb. 6, 2023 – The Supreme Court of Kentucky will hear oral arguments Wednesday and Thursday in Frankfort. Proceedings are open to the public and will take place in the historic Supreme Court Courtroom on the second floor of the Capitol.
The public may observe in person or via livestream. Stream arguments as they happen or later as archives at ket.org/supremecourt.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Oral Arguments
WEDNESDAY, FEB. 7, 2024
9 a.m. EST
RAZ, INC., ET AL. V. MERCER COUNTY FISCAL COURT, ET AL. (2022-SC-0526-DG)
Administrative Law. Planning and Zoning Appeals. This case involves constitutional challenges to the bond requirements enacted in 2017 in KRS 100.3471 and impacting Court of Appeals jurisdiction over timely appeals from KRS 100.347 circuit court decisions regarding final planning and zoning actions.
View attorneys and links to briefs at kcoj.info/SCFeb2024 (also in attachment below).
Discretionary Review Granted: March 15, 2023
Trial Court(s): Mercer Circuit Court
Presiding Judge(s): Hon. Darren W. Peckler
10 a.m. EST
BLUEGRASS TRUST FOR HISTORIC PRESERVATION V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PLANNING COMMISSION, ET AL. (2022-SC-0480-DG)
Administrative Law. Planning and Zoning Appeals. This case involves constitutional challenges to the bond requirements enacted in 2017 in KRS 100.3471 and impacting Court of Appeals jurisdiction over timely appeals from KRS 100.347 circuit court decisions regarding final planning and zoning actions.
View attorneys and links to briefs at kcoj.info/SCFeb2024 (also in attachment below).
Discretionary Review Granted: March 15, 2023
Trial Court(s): Fayette Circuit Court
Presiding Judge(s): Hon. Thomas L. Travis
11 a.m. EST
BOONE DEVELOPMENT, LLC, ET AL. V. NICHOLASVILLE BOARD OF ADJUSTMENT, ET AL. (2022-SC-0476-DG)
AND
BOONE DEVELOPMENT, LLC, ET AL. V. COMMONWEALTH OF KENTUCKY EX REL. RUSSELL COLEMAN, ATTORNEY GENERAL, ET AL. (2022-SC-0477-DG)
Administrative Law. Planning and Zoning Appeals. These cases involve constitutional challenges to the bond requirements enacted in 2017 in KRS 100.3471 and impacting Court of Appeals jurisdiction over timely appeals from KRS 100.347 circuit court decisions regarding final planning and zoning actions.
View attorneys and links to briefs at kcoj.info/SCFeb2024 (also in attachment below).
Discretionary Review Granted: March 15, 2023
Trial Court(s): Jessamine Circuit Court
Presiding Judge(s): Hon. C. Hunter Daugherty
THURSDAY, FEB. 8, 2024
10 a.m. EST
WALTER SWYERS V. ALLEN FAMILY PARTNERSHIP #1, LLC INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF STATION PLACE LLC, ET AL. (2022-SC-0478-DG)
AND
HYSINGER GROUP V. ALLEN FAMILY PARTNERSHIP #1, LLC INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF STATION PLACE, LLC, ET AL. (2022-SC-0479-DG)
Contract Law. Business Entities. Sale of Commercial Real Estate. Division of Sale Proceeds. Allocation of Expenses. Fiduciary Duties. Issues include: (1) whether the parties formed a valid agreement requiring sale proceeds over $8 million to be divided according to the LLC’s original ownership percentages; and (2) whether the LLC manager violated fiduciary duties by distributing the sale proceeds to the LLC members based on his interpretation of the parties’ agreement when one of the members disagreed with the manager’ interpretation.
Thompson, J., not sitting.
View attorneys and links to briefs at kcoj.info/SCFeb2024 (also in attachment below).
Discretionary Review Granted: March 15, 2023
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Judith E. McDonald-Burkman
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