COA Argument Calendar for December 2007

Here is the link to all the arguments to be heard by Kentucky Court of Appeals for the Month of December 2007.  Some issues are:

  • Dec. 6
    • Libretto v. Kinnaird: Show cause hearing
    • Riley v. Brantley:
      Whether Warren County Planning Commission properly approved a  requested zone change and City of Bowling Green properly adopted an ordinance rezoning property from single family residence use to general business use.
    • Est. of Spencer v. Spencer:
      Appellant appeals from a summary judgment which determined that a stock brokerage account was a joint account with the right of survivorship, and therefore the sole property of the surviving spouse with no interest to the estate.
  • Dec. 7
    • Redmon v. Lou/Jeff County Human Relations Comm.:
      Appeal from an order denying Redmon’s writ of prohibition against the Louisville and Jefferson County Human Relations Commission from conducting further administrative proceedings.
    • Jacobs Plaza v. Holland-David Enterprises:
      Appeals by both landlord and tenant regarding the effect of a "holdover" provision in a commercial lease and award of attorney fees.
    • MONUMENTAL LIFE INSURANCE COMPANY VS THE DEPARTMENT OF
      REVENUE ET AL. 2005CA002148
      Monumental Life Insurance Company successor in interest to Commonwealth Life Insurance Company complains of a wrongful assessment of ad valorem property taxes imposed by the Department of Revenue pursuant to KRS 136.320, and from the Department of Revenue’s denial of multiple refund claims claimed due by Monumental Life.
    • EDWIN HISLE ET AL. VS LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
      Partition action/1966 judgment.
    • JOHN ALLISON VS VICKI ALLISON
      Divorce – atty. & expert fees.
  • Dec. 12
    • LEON ROY VS READY MIX CONCRETE OF SOMERSET, INC. 2007CA000013
      Employment discrimination claim was based on termination allegedly due to age and in retaliation for employee’s pursuit of workers’ compensation benefits. Appellant challenges entry of summary judgment in favor of the appellee.
  • Dec. 17
    • TERRY MULLINS ET AL. VS NARCISSUS LUTTRELL ET AL. 2007CA000096
      Whether circuit court properly entered summary judgment dismissing appellants’ claims under KRS 179.240 against appellees.
    • LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT VS TOMMY PUCKETT ET AL. 2007CA000002
      Appeal from grant of summary judgment on claim that LFUCG failed to contribute to Police and Fire fighter’s retirement fund as required by KRS 67A.520 and at rate set by Board of Trustee’s of Fund.
    • TED SCHWEIKERT VS SHERRY SCHWEIKERT 2006CA002472 2007CA000481
      Whether circuit court properly set aside prenuptial agreement as unconscionable; whether circuit court award of maintenance was proper; whether circuit court properly divided marital assets.
  • Dec. 18
    • BETHEL FELLOWSHIP INC VS COMMONWEALTH OF KENTUCKY 2006CA002423
      Whether circuit court properly dismissed appellant’s administrative appeal for failure to serve proper party.
    • PATRICIA PARTIN VS COMMONWEALTH OF KENTUCKY 2007CA000366
      Whether circuit court erred by denying motion for directed verdict of acquittal; whether circuit court properly denied introduction of certain evidence; whether appellant was entitled to mistrial.
    • DONALD CROWE VS COMMONWEALTH OF KENTUCKY 2006CA002261
      Whether circuit court erred by denying appellant’s motion for continuance and erred by denying motion to strike juror for cause.
    • KENTUCKY RETIREMENT SYSTEMS VS CAROL LAMBDIN 2007CA000090
      Appeal from reinstatement of disability benefits by circuit court; Standard of proof; failure of Claimant to file exceptions to findings of the agendy.
    • MILDRED LEE ET AL. VS E. I. DUPONT DE NEMOURS AND COMPANY 2006CA002566
      Appeal from summary judgment in intentional tort gross negligence in death of worker due to asbestos exposure. Issues include: whether the deliberate intent exception to the exclusive remedy provision of the Workers’ Compensation Act applies, whether plaintiff met burden to prove deliberate intent, and whether plaintiff was entitled to further discovery.
    • MARY HERT ET AL. VS STEPHEN BURTON, M.D. ET AL. 2006CA002634
      Medical malpractice. Issues: failing to strike a juror; juror misconduct; improper statements made by appellees during closing; evidence did not support verdict; court permitted appellees to introduce improper evidence; court improperly excluded evidence offered by appellant.
    • HIGHVIEW MANOR ASSOCIATION, LLC ET AL. VS LOUISVILLE METRO HEALTH DEPARTMENT 2007CA000233
      Discretionary review granted in case arising from citations under Smoke Free Law issued against charitable gaming facilities. Issues include the district court’s scope of review of the Code Enforcement Board’s decision and whether to make findings regarding the general applicability of the law.
    • MICHAEL SCHNUERLE ET AL. VS INSIGHT COMMUNICATIONS COMPANY, L.P. ET AL.
      2006CA002121
      Appeal from an order enforcing an arbitration clause which requires a consumer to bring an individual claim and not by a class action.

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