MINUTES for Nov. 11, 2005
Note due to the holiday, these were actually posted on 11/10/2005, but we kept our normal dating system of Friday, 11/11/2005 for ease of reference.
YAMAHA MOTOR MANUFACTURING CORP. OF AMERICAN V. KY FINANCE AND ADMINISTRATION CAB.
GOVERNMENT PROCUREMENT - Judicial Review (Model Procurement Act)
2004-CA-001172
Published
REVERSING IN PART AND REMANDING
PJ: HENRY
Date: 11/10/2005
KRS 45A.280 supports the principle that judicial review is available to disappointed bidders under the KMPC.
SALYERSVILLE V. MAGOFFIN COUNTY, KY
REGULATORY LAW - Fiscal Court Jursdiction (Solid Waste)
2004-CA-001763
Published AFFIRMING
PJ: McANULTY
Date: 11/10/2005
County fiscal courts and not the city are vested with management and disposal of solid waste collection.
KING DRUGS, INC. V. KY. REVENUE CABINET
REVENUE AND TAXATION
2004-CA-002019
Published Affirming
Judge: Schroder
Date: 11/10/2005
Tax exemptions are narrowly construed. Party seeking the exemption has the burden to he/she is entitled to the exemption. This appeal dealt with a 'comma' in the statute and whether the legislature exempted devices prescribed by a physician.
GAINES V. WORKFORCE DEVELOPMENT CAB.
TORTS - Whistleblower Act
2004-CA-001146
Published AFFIRMING IN PART, VACATING AND REMANDING IN PART
PJ: McANULTY
Date: 11/10/2005
Gaines blew the whistle on the Workforce Development Cabinet. The trial court granted partial summary judgment because it did not believe that Gaines qualified as a whistleblower. Because the COA concluded that under the facts alleged, Gaines did blow the whistle internally, it vacated and remanded the partial summary judgment in favor of the Cabinet. The Kentucky Supreme Court recently concluded, however, that the language of KRS 61.101(2) does not impose individual civil liability under Kentucky’s Whistleblower Act, and COA then affirmed the summary judgment as to individual appellants Hunt, Redmon, DeName and Thompson.
Thanks to Scott Byrd, Patrick Bouldin, Reed Ennis, John Hamlett, Cherry Henault, Sam Hinkle, Suzan J. Hixon, Chad Kessinger, Stephen Keller, Michelle Eisenmenger Mapes , Peter Naake, Paul C. O'Bryan, Bryan Pierce, Richard Schiller, Paul Schurman, and James Worthington for their efforts in digesting these decisions.
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