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

The case involved real estate developers who sued a neighboring attorney after he opposed their efforts to rezone and develop adjacent land, including by assisting with a rival city's annexation attempt and filing an appeal of the rezoning decision. The developers asserted claims for abuse of process, wrongful use of civil proceedings, intentional interference with contractual relations, and violation of 42 U.S.C. § 1983. The Boone Circuit Court dismissed the complaint under the Noerr-Pennington doctrine, which protects petitioning of government bodies, and on statute-of-limitations grounds; the Court of Appeals affirmed, concluding the doctrine applied to the defendant's actions and that the § 1983 claim was untimely.

propertyproceduretorts & liabilitycivil rights

The case Boone v. Commonwealth involved an appeal by Donald Sid Boone from his conviction for first-degree sexual abuse based on accusations by a twelve-year-old boy whom Boone had befriended. The Kentucky Court of Appeals affirmed the conviction and sentence, holding that the trial court did not err in denying a mistrial after a detective commented on Boone's refusal to record an interview, because the court properly admonished the jury and no further relief was requested. The court further ruled that sufficient evidence supported the jury's guilty verdict on the sexual abuse charge, so the motions for directed verdict were correctly denied, and that the trial court acted within its discretion in denying probation.

criminal lawprocedure

This case concerns the division of retirement benefits and accumulated leave pay between Randy and Janet Overstreet in their divorce proceedings in Hardin Circuit Court. The trial court had classified Randy's KERS retirement account as entirely marital property and denied Janet any share of his $23,000 payout for annual and compensatory leave earned during the marriage. On appeal, the court held that Randy's pre-marriage employment rights made the KERS account non-marital in origin, so only the portion enhanced by marital funds could be divided, and that the leave payout attributable to marital service time was marital property subject to equitable division. The court reversed those two rulings, affirmed the remaining allocations of the SPRS account and Janet's KERS account, and remanded for recalculation.

family lawproperty

Clarence Gilbert and his wife sued Murray Paving Co. after Gilbert's tractor-trailer ran off Highway 94 due to a steep drop-off at the pavement edge shortly after the company completed a resurfacing project. The trial court granted summary judgment to Murray Paving, finding no genuine issue of material fact. The Court of Appeals reversed and remanded, holding that evidence raised triable questions about whether Murray Paving negligently failed to taper the asphalt wedge properly under the contract specifications. The court explained that a contractor remains liable for creating a dangerous condition on the roadway even if it followed the state's plans and the state later accepted the work.

torts & liabilityprocedure

This case concerns a dispute over water rights under a 1892 deed in which the original grantee covenanted to supply water (and electric lights) to the grantors' adjacent farm property. The Camenisches, current owners of the farm, sued the City of Stanford, current owner of the conveyed parcel, after the City stopped providing free water in 1996; the Camenisches claimed an easement while the City argued the deed created only a condition subsequent or personal covenant. The trial court granted summary judgment to the City, holding that any reversionary interest had expired under KRS 381.221(1) and that the Camenisches were estopped from asserting other interpretations. On appeal, the court vacated the judgment and remanded, ruling that the deed language could create an express easement or covenant running with the land, that the estoppel finding lacked evidence of detrimental reliance, and that the City’s other defenses must be addressed by the trial court.

propertyprocedure

The case involved property owners challenging a city ordinance that assessed a portion of sidewalk improvement costs against adjacent properties. The circuit court dismissed the complaint as untimely under KRS 91A.270(1), which requires an action to be filed within thirty days of the mailing of notice to affected owners. The appellate court affirmed the dismissal, reasoning that the statutory deadline runs from the mailing date rather than receipt of notice and that arguments about ordinance publication or constitutionality were either meritless or not properly raised. The court concluded that the trial court did not err in dismissing the complaint.

business & regulatorypropertyprocedure

This case involved multiple employees of Armco Steel and their spouses who sued North American Refractories Company (NARCO) and Westinghouse Electric Corporation, alleging that asbestos-containing products from these companies caused their asbestos-related illnesses. The Boyd Circuit Court granted summary judgment to the defendants, dismissing the claims. The Kentucky Court of Appeals reversed these judgments, holding that material issues of fact existed regarding whether the defendants' products were a substantial factor in causing the plaintiffs' illnesses under the Restatement (Second) of Torts causation standard. The court found sufficient evidence of product use at the plant, fiber release and drift, and expert testimony linking exposure to disease, requiring trial on causation.

torts & liability

The case involved the Department of Alcoholic Beverage Control appealing an order expunging records from a criminal case it had initiated against a former employee for alleged bribery. The court dismissed the appeal, holding that the Department lacked standing to challenge the expungement. The reasoning was that under KRS 431.076, only the Commonwealth Attorney is notified and represents the state's interest in such matters, and KRS 15.020 requires the Attorney General to handle appeals on behalf of the Commonwealth and its departments.

criminal lawprocedure

Peter Garrett Gunsmith, Inc. challenged zoning ordinances in Bellevue and Dayton, Kentucky, that restricted gun shops to certain zones, arguing they were preempted by KRS 65.870 which bars local regulation of firearms transfer, ownership, possession, carrying, or transportation. The Campbell Circuit Court granted summary judgment to the cities, and the Court of Appeals affirmed. The court reasoned that the statute does not prohibit zoning regulations affecting the location of gun businesses, as zoning falls under land use authority granted by other statutes like KRS 100.201, and the ordinances do not regulate the specific activities listed in KRS 65.870.

gunsbusiness & regulatory

The case concerned whether a father's young daughter qualified as an abused child under Kentucky law based on allegations of sexual abuse by the father during visitation. The Court of Appeals reversed the district court's finding of abuse, which had been affirmed by the circuit court, because the trial court improperly admitted two categories of evidence. A licensed clinical social worker was not qualified to opine that the child's symptoms and behaviors indicated sexual abuse, and the mother's testimony about the child's out-of-court statements did not meet the excited utterance exception to the hearsay rule. The court remanded the case for a new hearing limited to admissible evidence.

family lawprocedure

This case involved a minor, D.R., whose mother filed a beyond-control petition in juvenile court under KRS 630.020. D.R. appeared without counsel, waived his right to an attorney, and entered an admission of guilt, leading to probation; subsequent probation violations resulted in detention orders that were partially upheld on appeal to circuit court. The Court of Appeals reversed, holding that the admission was not knowing and intelligent under Boykin v. Alabama because the record did not show a proper colloquy and because KRS 610.060(1) requires that counsel be appointed and consulted before a juvenile may waive the right to counsel. The court construed the statute to resolve an apparent conflict between its subsections by mandating appointment first, after which waiver may occur, rendering the uncounseled waiver invalid. The probation-extension issue was deemed moot.

criminal lawfamily lawprocedure

The case involved Keith Aaron Dunson, who pleaded guilty to unlawful possession of a gun on school property, a Class D felony, and chose probation for five years conditioned on completing a drug treatment program instead of a one-year prison sentence. After the program coordinator reported multiple violations over four months—including five failed drug screens, three missed tests, a new criminal charge, and refusal of additional counseling—the trial court revoked probation following a hearing and imposed the five-year sentence. Dunson appealed, claiming a due process violation because he lacked counsel at the drug program termination hearing. The Court of Appeals affirmed, ruling that the trial court did not abuse its discretion as the violations were undisputed, counsel was provided at the probation revocation hearing (the critical stage), and termination from the drug treatment program did not trigger independent due process protections since it was not a court proceeding.

criminal lawprocedure

The case involved former employees of the Disabled American Veterans (DAV) who alleged they were reassigned and constructively discharged due to their disabilities, bringing claims under Kentucky’s Civil Rights Act (KRS Chapter 344) for disability discrimination. The trial court dismissed the claims on the ground that DAV is exempt from the Act’s disability provisions, and the Court of Appeals affirmed. The court held that DAV qualifies as a bona fide private membership club under KRS 344.030(2)(b) because it is tax-exempt under IRC Section 501(c) and organized for social and recreational purposes among members, consistent with parallel exemptions in federal Title VII and ADA statutes that Kentucky law follows.

civil rightslabor & employment

This case involves the dissolution of the marriage between Ronald and Martha Lykins, including disputes over property division, child custody, support, and maintenance. The central issue was whether Ronald's Voluntary Separation Incentive (VSI) payments, received after voluntarily leaving the military in 1992 following 16 years of service (including 10 during the marriage), constituted marital property under KRS 403.190. The trial court ruled that the payments were marital property subject to equitable division, awarding Ronald a non-marital portion for pre-marriage service years and splitting the remainder equally, with Martha receiving 30.13% of the after-tax payments. The Court of Appeals affirmed, holding that VSI benefits are analogous to retirement pay accrued during the marriage rather than compensation for future lost earnings, consistent with the statutory definition of marital property and precedents from other jurisdictions. Other issues raised, such as support calculations and maintenance, were also affirmed without error.

family lawproperty