Issues for September 2016 include:

  • “Clean Water Act. Best Practice Judgment (BPJ) Analysis. The first issue is whether the Cabinet was required, as a matter of law, to impose best practice judgment (BPJ) analysis, in addition to effluent limitation guidelines (ELG) when issuing a permit to LG&E for the discharge of its wastewaters into the Ohio River when the Cabinet’s initial interpretation of the provisions governing the issuance of this permit did not require the Cabinet to do so. The second issue was whether the reviewing court should defer to the Cabinet’s interpretation of the provisions and regulations governing the issuance of a permit for the discharge of wastewater.” 9/14
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    “Governmental Immunity. Negligence. Comair Analysis. Issues include whether Kentucky River, the Community Action Agency for four counties, is entitled to governmental immunity from a wrongful death claim.” 9/14

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    “Taxation. Kentucky Constitution. Telecommunications. Franchise Fees. KRS 136.660. Issues include whether the Telecommunications Tax, which bars localities from collecting franchise fees from telecommunications service providers, violates Sections 163 and 164 of the Kentucky Constitution.” 9/15

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    “Criminal Law. Attorneys. Conflict of Interest. The issues presented are (1) whether it is a conflict of interest for a criminal attorney in a local DPA office to represent a defendant in a case where another criminal attorney in the same DPA office represents the victim of that defendant’s actions on other criminal charges; and (2) whether it is reversible error for the trial court to conclude that there was no conflict of interest and to proceed to trial with the DPA attorney representing the defendant, who has refused to waive the conflict of interest.”9/15

 

 

  • “KRS 441.245(3). Authority of Fiscal Court. Establishment of Jailers’ Salary. The issue in this case is whether a fiscal court may decrease the salary of a jailer who does not operate a full service jail, from term to term pursuant to KRS 441.245(3).”  9/15

 

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

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