District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)

COFFEY V. KEHOE ROCK AND STONE, LLC
PROPERTY:  Forcible detainer, district court jurisdiction
2007-CA-001695
PUBLISHED:  REVERSING AND REMANDING
PANEL:  CAPERTON PRESIDING; KELLER, NICKELL CONCUR
GREENUP COUNTY
DATE RENDERED: 10/31/2008

On discretionary review, the Court reversed and remanded with directions for the circuit court to vacate a judgment of the district court. The Court held that the district court did not have subject matter jurisdiction to grant a forcible detainer based on a contract for a lease to mine limestone. The lease did not result in the creation of a landlord-tenant relationship but instead granted incorporeal interests within the land and KRS 24A.120 specifically excluded interest in land from the jurisdiction of the
district court. 

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