Jan. 2012 Court of Appeals Argument Calendar

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LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, January 18, 2012

11:00 am
COMMONWEALTH BANK & TRUST COMPANY, ADMIN. WITH THE v MARGARET W. YOUNG
National City Bank filed a declaratory judgment action requesting the Jefferson Circuit Court to answer seven questions. One of the questions was whether Virginia’s children, beneficiaries of the trust, triggered the “no contest” provision of their mother’s trust by challenging their step-father’s right to withdraw five percent of the trust principal each year. The trial court entered a judgment on the pleadings holding that the three children’s actions did not trigger the no contest provision.

12:15 am
MARQUISA LAVANA PARTEE v COMMONWEALTH OF KENTUCKY
Upon motion by the Commonwealth, the appellant, who had been released on a recognizance bond, was ordered to submit to an in-custody evaluation at K.C.P.C. Appellant complains that she has not alleged a defense of incompetency and that it is improper for the court to change her conditions of bond to determine whether she is competent to stand trial.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, January 19, 2012

9:00 am
DAVID LEWIS HARRIS v SUSAN ELIZABETH HARRIS
Whether circuit court erred by granting three-year extension on domestic violence order.

9:45 am
PAULA B. BROWN v LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
Whether circuit court erred by determining that the Civil Service Commission abused its discretion by excluding certain evidence.

10:30 am
BRYAN FULLER v JOANN BLAIR
Whether appellee was “owner” of dog within meaning of KRS 258.235.

11:15 am
STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY v LOUISVILLE SOCCER ALLIANCE, INC.
Did trial court err by determining that the Executive Branches transfer of Charitable Gaming funds to the General Fund unconstitutional?

LOCATION: POWELL COUNTY CIRCUIT COURTROOM, COURTHOUSE, 525
WASHINGTON STREET, STANTON, KENTUCKY
DATE: Monday, January 30, 2012

11:00 am
BRITTANY ANNE CONLEY v JAMES B. BOWLING
Conley argues that the trial court erred by failing to grant her reasonable visitation rights and by granting her counsel’s motion to withdraw.

11:45 am
DELLA SUE WILLIAMS v DEPARTMENT OF HIGHWAYS TRANSPORTATION CABINET
MOR appeal from grant of summary judgment in condemnation suit where issue of ownership of property is contested on basis of adverse possession by one of cotenants. Issues are whether summary judgment is supported by the record and whether, in condemnation case for a small portion of land, ownership of the whole can be litigated or whether adverse possession can be applied to only part of a tract of land.


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