COA 2011 Minutes for July 15, 2011 — Nos. 664-674 (11 decisions; 3 published)

COA 2011 Minutes for July 15, 2011 —  Nos. 664-674 (11 decisions; 3 published)

  • Click on the above link for the full text of minutes with link to full text of each decision.
  • Cick here for AOC page with current minutes and archived minutes links
PUBLISHED DECISIONS (with link to full text at AOC):

665.  Disability Retirement (cumulative effect, smoking is not a condition)
WEST (ROGER)
VS.
KENTUCKY RETIREMENT SYSTEMS
OPINION REVERSING AND REMANDING
WINE (PRESIDING JUDGE)
ACREE (CONCURS) AND CLAYTON (CONCURS)
2009-CA-001176-MR
TO BE PUBLISHED
FRANKLIN

INE, JUDGE: Roger West appeals from an order of the Franklin Circuit Court affirming the denial of his claim for disability retirement benefits by the Board of Trustees (“the Board”) of the Kentucky Retirement Systems (“the Systems”). Upon review, we reverse and remand.

669.  Property, annexation
CITY OF LEBANON, KENTUCKY
VS.
GOODIN (ELINOR B.), ET AL.
OPINION AFFIRMING
TAYLOR (PRESIDING JUDGE)
ACREE (CONCURS) AND COMBS (CONCURS)
2010-CA-000941-MR
TO BE PUBLISHED
MARION

TAYLOR, CHIEF JUDGE: The City of Lebanon, Kentucky, (City) brings this appeal from an April 22, 2010, summary judgment of the Marion Circuit Court declaring invalid certain ordinances annexing unincorporated real property into the City. We affirm.

While it is clear that the establishment of boundaries for annexed territory constitutes a political act within the exclusive control of the General Assembly, it is equally settled that a municipality must follow statutory procedures and mandates when establishing those boundaries. See Louisville v. Kraft, 297 S.W.2d 39 (Ky. 1957); Kelley v. Dailey, 366 S.W.2d 181 (Ky. 1963); Ridings v. City of Owensboro, 383 S.W.2d 510 (Ky. 1964); Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999); Rector v. City of Bowling Green, 594 S.W.2d 891 (Ky. App. 1979). One such statutory mandate is set forth in KRS 81A.410, which provides:
(1) Except as provided in KRS 67C.111(3), a city legislative body may extend the city's boundaries to include any area:
(a) Which is adjacent or contiguous to the city's boundaries at the time the annexation proceeding is begun[.]
KRS 81A.410(1)(a).

Considering legislative intent and case law interpreting same, we interpret “adjacent or contiguous” in KRS 81A.410(1)(a) as collectively imposing a contiguity mandate upon the boundaries of annexed territory in relation to municipal territory.4    In other words, we interpret KRS 81A.410(1)(a) as mandating that the boundaries of annexed territory must be contiguous to the boundaries of the municipality.5    This mandate of contiguity in annexation has been well recognized and defined in Kentucky. Ridings v. City of Owensboro, 383 S.W.2d 510; Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999); Merritt v. City of Campbellsville, 678 S.W.2d 788 (Ky. App. 1984).

671.  CRIMINAL LAW.  Amendments.
HENDERSON (ALDEAN) JR.
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
COMBS (PRESIDING JUDGE)
LAMBERT (CONCURS) AND SHAKE (CONCURS)
2010-CA-001491-MR
TO BE PUBLISHED
JEFFERSON

COMBS, JUDGE:    Aldean Henderson, acting pro se, appeals from an order of the Jefferson Circuit Court that denied his motion for relief pursuant to Kentucky Rule[s] of Civil Procedure (CR) 60.02. After our review, we affirm.

In the case before us, the amendment to Henderson’s indictment related to a status offense; it was made after the verdict was returned on his substantive offenses but before the jury returned a verdict on the PFO charge. The jury had not even heard the proof relating to the PFO charge. Furthermore, the amendment did not change the offense charged in any way. It merely added more proof. There was not a facial violation of RCr 6.16, and Henderson has not shown how he was prejudiced by the amendment. As the Supreme Court stated in Miller, “RCr 6.16 is a lenient rule.” Id. at 3. We agree with the trial court that Miller does not affect its previous decision regarding the amendment to the indictment.
Accordingly, we affirm the Jefferson Circuit Court.

TORT REPORT  FOR NONPUBLISHED DECISIONS (MINUS WORKERS COMP):

IF YOU WANT

  • WORKERS COMPENSATION LAW UPDATES, I RECOMMEND YOU GO TO THE COMP ED WEB SITE AT http://www.comped.net/.
  • FAMILY LAW UPDATES, I RECOMMEND YOU GO TO Diana Skaggs' Divorce Law Journal at http://www.divorcelawjournal.com

None.

 

 

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.