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.
From Monthly COA Digests