COAKY: Western Kentucky power plant case is among those the Kentucky Court of Appeals will hear July 28-29 in Cynthiana - Proceedings will be open to the public

Judges Clayton, Moore, and Taylor will hear oral arguments in Cynthiana on July 28 and 29, 2008.

FRANKFORT, Ky., July 22, 2008 - The Kentucky Court of Appeals will hear oral arguments in four cases July 28-29 in Cynthiana, including a case appealing a Franklin Circuit Court judge's reversal of a state air-quality permit issue for a coal-fired power plant in Muhlenberg County. All proceedings will be open to the public and will take place in the Circuit Courtroom of the Harrison County Justice Center at 115 Court St.

A three-judge panel consisting of Court of Appeals Judges Denise G. Clayton, Joy A. Moore and Jeff S. Taylor will hear arguments in Environmental and Public Protection Cabinet v. Sierra Club at 11 a.m. EDT Tuesday, July 29. Franklin Circuit Court found that the air-quality permit issued to Peabody Energy for its proposed Thoroughbred power plant should be remanded to the EPPC because the order issuing the permit was deficient due to legal and factual errors.
The panel will also hear oral arguments in another case on appeal from Franklin Circuit Court and in cases on appeal from courts in Boone and Graves counties. The court will hear its first case in Cynthiana at 1:30 p.m. EDT Monday, July 28.

A case docket containing summaries of the cases the panel will hear is below.

CYNTHIANA DOCKET

Monday, July 28, 2008

1:30 PM    2007CA001320
RANDY MARSHALL v. COMMONWEALTH OF KENTUCKY
Summary: Criminal. Appeal regarding whether the Circuit Court erred in revoking conditional discharge and failing to consider alternative sentencing.
Graves County judge who ruled in the case - Judge Timothy C. Stark
Appellant's attorney: Kathleen K. Schmidt
Appellees' attorney: Samuel J. Floyd Jr.

2:15 PM    2007CA001053
ROBERT HOLLON v. COMMONWEALTH OF KENTUCKY
Summary: Post-conviction appeal. Case regarding whether the Circuit Court properly denied appellant's RCr 11.42 motion.
Franklin County judge who ruled in the case - Judge Thomas D. Wingate
Appellant's attorneys: Kathleen K. Schmidt and Amy Robinson Staples
Appellee's attorneys: Jack Conway and Perry T. Ryan

3 PM    2007CA001814
BOBBIE HILL-FERDINANDO ET AL. v. EMERGENCY CARE PHYSICIANS OF NORTHERN KENTUCKY PSC ET AL.
Summary: Civil. Case regarding whether the Circuit Court erred in denying a motion for a new trial based on the issue of destruction of earning capacity, erred in denying a motion for a directed verdict and improperly reduced costs awarded under KRS 453.040.
Boone County judge who ruled in the case - Judge Kevin Horne
Appellants' attorneys: John D. Holschuh Jr. and Jerry M. Miniard
Appellees' attorneys: Mark G. Arnzen and Mary K. Molloy

Tuesday, July 29, 2008

11 AM    2007CA001723 and 2007CA001742
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET v. SIERRA CLUB
Summary: Civil. Challenge to the Circuit Court's reversal on issuance of an air-quality permit.
Franklin County judge who ruled in the case - Judge Thomas D. Wingate
Appellant's attorneys: Jacquelyn Alirezay Quarles and Robin B. Thomerson
Appellee's attorneys: Kelly Aline Bartley, Elizabeth R. Bennett, Carolyn M. Brown, Robert J. Ehrler, John J. Finnigan Jr., Kevin J. Finto, W. Henry Graddy IV, Timothy Joseph Hagerty, Harry M. Johnson, Sanjay Narayan, Mark Overstreet, Penny A. Shamblin, David Arthur Smart, Robert Steven Ukeiley and Robert M. Watt III