Supreme Court of Kentucky To Hear Arguments April 19-20 In Frankfort

The Supreme Court of Kentucky will convene April 19-20 in Frankfort to hear oral arguments in civil cases that originated in Bell, Bracken, Fayette, Franklin and Jefferson counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

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.

WEDNESDAY, APRIL 19, 2017
9 AM ET
2016-SC-000008-DG
BIG SANDY REGIONAL JAIL AUTHORITY V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT

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“Sovereign Immunity. KRS 441.025. At issue in this matter is whether sovereign immunity bars an action by a regional jail against a county to recover the costs of housing that county’s prisoners, after they were arrested and held pursuant to a warrant from courts of that county. In addition, at issue is whether KRS 441.025 obligates a county to pay for the incarceration of prisoners arrested and held on warrants issued by the courts of that county which are served in the county where the prisoner is incarcerated.”

Discretionary Review granted 9/15/2016
Fayette Circuit Court, Judge Kim M. Wilkie and Judge Ernesto Scorsone

Attorney for Appellant: Nelson Theodore Sparks
Attorneys for Appellee: Michael Keith Horn and Charles Edwards, III

10 AM
2016-SC-000321-DG
KENTUCKYONE HEALTH, INC. V. BENJAMIN REID, JR., M.D.

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“Health Care Quality Improvement Act. Rebuttable Presumption of Immunity. At issue in this case is whether the hospital’s actions against the physician constitute “professional review action” to which the rebuttable presumption of immunity provisions of the Health Care Quality Improvement Act apply. Additionally, if immunity did not apply to the physician’s claims against the hospital, was there sufficient evidence to support a summary judgment on the claims for breach of contract, tortious interference with a business relationship and slander.”

Discretionary Review granted 10/13/2016
Jefferson Circuit Court, Judge Audra Jean Eckerle

Attorneys for Appellant: Kathryn Ann Quesenberry and Michael P. Abate
Attorneys for Appellee: Larry B. Franklin, Kelly Jo Brownfield and Patrick John Smith

11 AM ET
2016-SC-000243-DG
ST. AUGSTINE SCHOOL, ET AL. V. JANET CROPPER

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“Contracts. Ecclesiastical Abstention. Whether a breach of contract claim by a parochial school administrator involves a matter of internal church governance requiring judicial abstention.”

Discretionary Review granted 10/13/2016
Bracken Circuit Court, Judge Stockton B. Wood

Attorneys for Appellants: Richard G. Meyer and Nicholas Charles Birkenhauer
Attorney for Appellee: Gail Marie Langendorf

THURSDAY, APRIL 20, 2017
10 AM ET
2016-SC-000281-DG
COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET, DEPARTMENT OF REVENUE V. INTERSTATE GAS SUPPLY, INC., FOR THE USE AND BENEFIT OF TRI-STATE HEALTHCARE LAUNDRY, INC.

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“Kentucky Constitution § 170. Tax Exemption. Institution of Purely Public Charity. The issue in this case is whether an institution of purely public charity should be exempt from payment of a use tax under § 170 of the Kentucky Constitution.”

Discretionary Review granted 10/13/2016
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Appellant: Douglas M. Dowell
Attorneys for Appellee: Timothy Joseph Eifler and Stephen A. Sherman

11 AM ET
2015-SC-000489-DG
NAMI RESOURCES COMPANY, L.L.C., ET AL. V. ASHER LAND AND MINERAL, LTD, ET AL.

2016-SC-000235-DG
ASHER LAND AND MINERAL, LTD V. NAMI RESOURCES COMPANY, L.L.C.

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“Oil and Gas. Contracts. Fraud. Punitive Damages. Issues involve alleged fraud and/or breach of contract in underpayment of oil and gas royalties pursuant to lease plus the propriety of imposing punitive damages.”

Discretionary Review granted 4/27/2016 and 8/17/2016
Bell Circuit Court, Judge Robert Costanzo

Attorneys for Appellants/Cross-Appellee: Michael D. Bowling, Virginia Hamilton Snell, Donald Joseph Kelly and Benjamin Todd Keller
Attorneys for Appellee/Cross-Appellant, Asher Land and Mineral, LTD: James C. Helton, Darrell L. Saunders and Michael J. Gartland
Attorney for Appellees, Vanguard Natural Resources, LLC and Vanguard Natural Gas, LLC: Mason L. Miller