Wil Schroder

The case involved the Environmental and Public Protection Cabinet's administrative action against Vermont American Corporation (VAC), a former owner and operator of an industrial site in Louisville, and 500 Associates, Inc., the subsequent purchaser, to require characterization and remediation of hazardous substance releases under Kentucky's Superfund statute, KRS 224.01-400, and to recover response costs and penalties. The Franklin Circuit Court assessed liability against both parties, and the Court of Appeals affirmed that ruling. The court found that VAC had released untreated wastewater and hazardous wastes during its manufacturing operations from 1949 to 1986 and failed to fully address all contaminants in its remediation plan. It further held that 500 had actual or constructive knowledge of potential contamination from its pre-purchase environmental assessment but did not conduct adequate soil or groundwater testing before acquiring and later disturbing the property in 1990. The decision rested on substantial evidence from the administrative hearing record supporting the Hearing Officer's findings of violations by both entities.

environmentbusiness & regulatoryproperty

The case concerned former Greater Salem Baptist Church members Pat Cargill and Sherman Arthur, who sued the church, its pastor, and deacons for defamation after statements made at a September 2002 congregational meeting and in a follow-up letter accused them of misconduct, including directing false allegations of an extramarital affair against the pastor, mishandling cleaning service supplies and funds, and poor management of music program purchases. The Jefferson Circuit Court granted summary judgment to the defendants, a decision affirmed on appeal. The court held that the statements arose from internal church disciplinary procedures authorized by the congregation under its governing documents and biblical authority, rendering them non-actionable. Key precedents on ecclesiastical autonomy and church membership decisions supported this outcome.

religious libertytorts & liability

The case involved a dispute where Terry Maxedon Hauling, Inc. sued Manus, Inc. to enforce a mechanic's lien for unpaid subcontractor work amounting to $37,040 plus 18% interest on a state construction project. After Manus did not respond to Requests for Admissions, the trial court deemed the requests admitted, which established the existence of a contract, an adjusted invoice amount, and an agreement to pay once Manus received funds from the Commonwealth; the court then granted summary judgment to Maxedon Hauling. On appeal, the court affirmed, reasoning that the deemed admissions removed all genuine issues of material fact, Manus's late responses and affidavits failed to identify any specific defense or disputed facts, and Manus's procedural lapses, including missed hearings, provided no basis to set aside the orders.

procedurebusiness & regulatory

The case involved a dispute between neighboring property owners, the Abells and Reynolds, over whether Reynolds was required to contribute to the cost of replacing a boundary fence under the Kentucky Boundary Line Fence Act. The Abells filed suit in district court seeking reimbursement, but the case was removed to circuit court after Reynolds filed a counterclaim exceeding the district court's jurisdictional limit. The circuit court granted summary judgment to Reynolds on the ground that the Abells had not followed the procedures required by the Fence Act. On appeal, the court held that the circuit court lacked subject matter jurisdiction because the Fence Act explicitly grants exclusive jurisdiction over such claims to the district court, even when damages exceed the usual district court limits. The appeals court therefore vacated the summary judgment order and remanded the case for further proceedings in district court.

propertyprocedure

This case involved a divorced father's appeal of a family court order requiring him to pay college expenses for his adult sons under a 1988 property settlement agreement incorporated into their divorce decree. The mother sought enforcement after the father refused to pay, claiming the obligation had been discharged in his 1995 Chapter 7 bankruptcy. The court affirmed the family court's ruling that the obligation was nondischargeable under 11 U.S.C. § 523(a)(5) because it was in the nature of child support. The reasoning centered on the agreement's structure placing the college expense provision within the child support section alongside other support duties, the parties' freedom to contract for post-majority support despite statutory limits, and federal case law treating such educational obligations as support when intended as such.

family law

The case involved licensed thoroughbred trainer William Deaton appealing a 150-day suspension imposed by the Kentucky Racing Commission after one of his horses tested positive for the prohibited substance Prozac in a race. Deaton argued he was unaware the horse's owner had added Prozac to a feed mixture and that the regulations improperly shifted the burden of proof or made him an insurer of the horse's condition. The Franklin Circuit Court and the Court of Appeals affirmed the suspension, holding that 810 KAR 1:008 and 1:018 place primary responsibility on the trainer to ensure horses race free of banned substances and require exercise of a high degree of care against tampering. The court found Deaton failed to meet this standard given prior discussions about tranquilizers and did not show the penalty was unreasonable under the applicable regulations.

business & regulatoryprocedure