September 2011 COA Argument Calendar

September 2011 COA Argument Calendar

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LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, September 14, 2011

2:30 pm
FLEMING COUNTY HOSPITAL DISTRICT v FLEMING REGIONAL MEDICAL IMAGING, PLLC
This case involves the application by Fleming Regional Imaging for an exemption from the certificate of need requirements. The Appellants contend that the Cabinet’s finding that the Appellees were required to obtain a certificate of need was supported by substantial evidence and the circuit court incorrectly reversed the Cabinet. In a companion appeal, the Cabinet argues that the circuit incorrectly interpreted and applied the regulations related to the application for a certificate of need exemption.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, September 14, 2011

1:45 pm
INDIAN RIDGE PROPERTIES, INC. v SCHWARTZ, LLC NO. 1
Whether circuit court erred by dismissing action per CR 41.02.

2:30 pm
STEPHEN FENLEY v KAMP KAINTUCK, INC.
Whether circuit court erred by dismissing appellants’ action against appellee upon the basis that appellants were not members of nonprofit corporation.

3:15 pm
JOHN BAKER v C SQUARED, INC.
Whether appellant was properly denied unemployment benefits.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Thursday, September 15, 2011

10:00 am
SUSAN KAY LUKJAN v COMMONWEALTH OF KENTUCKY
Criminal; Evidentiary Issues, Fourth Amendment: Whether the trial court abused its discretion in disallowing the appellant’s expert witness to testify at trial; whether the trial court erred in refusing to hold a Daubert hearing; whether the trial court abused its discretion in overruling appellant’s motion to compel evidence; whether the trial court improperly denied appellant’s motion to suppress; whether the trial court improperly excluded evidence and limited the scope of appellant’s cross-examination.

10:45 am
FIRST HOME, LLC v CROWN COMMUNICATIONS, INC.
Civil; Property, Easements: Whether the circuit court properly entered summary judgment granting the appellee a perpetual easement; whether the circuit court properly denied the appellant’s CR 59.05 motion; whether the circuit court erred in dismissing the appellant’s first amended complaint.

LOCATION: HARDIN COUNTY JUSTICE CENTER, 120 EAST DIXIE AVENUE,
ELIZABETHTOWN, KENTUCKY
DATE: Thursday, September 22, 2011

1:00 pm
WILL MCGINNIS v COMMONWEALTH OF KENTUCKY
Pro se appellant appeals a violation of the Lexington Fayette County Urban County Government noise ordinance arguing that it is vague, has no relationship to a nuisance to any residences, that it has no definitions as to time or level of noise which can cause a violation.

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