Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals affirming the determination of the circuit court that the security agreement between Harvey Haynes, the debtor, covered future advances made by Farmers Tobacco Warehouse (Farmers) so as to have priority over the security interest claimed by Versailles Farm Home and Garden, LLC (Versailles) in Haynes' 2013 tobacco crop, holding that there was no error.In 2014, Versailles brought this action against Haynes to collect on the balance due under the agreement. Versailles joined Farmers as a party to assert its claim against Farmers for conversion to the extent Farmers retained any proceeds in excess of the amount Haynes owed. Farmers admitted selling a portion of Haynes' 2013 tobacco crop and retaining the proceeds but denied doing so in violation of Versailles' security interest. The trial court granted Versailles' motion for summary judgment against Haynes and then granted Farmers' motion for summary judgment as to its cross-claim against Haynes asserting a first and superior lien in Haynes' 2013 tobacco crop. The Supreme Court affirmed, holding that the trial court did not err. View "Versailles Farm Home & Garden, LLC v. Haynes" on Justia Law

The Supreme Court affirmed the decision of the court of appeals that a real property contract entered into by Henry Gray and William, Mary and Frank Stewart in this case was unenforceable under the statute of frauds but held that this decision did not apply equally to William, Mary and Frank.Henry entered into a real estate contract with Frank, his brother William, and William's wife, Mary. Later, Henry filed a complaint against Frank, William and Mary alleging breach of contract and requesting specific performance and damages. The trial court entered judgment in favor of Henry and awarded $19,286 in damages. The court of appeals reversed in part. The Supreme Court affirmed, holding (1) the contract at issue did not satisfy the statute of frauds; (2) the trial court's findings of fact may not serve as a basis to reverse the court of appeals' decision as to William and Mary; and (3) the court of appeals did not err when it reversed the trial court's damage award. View "Gray v. Stewart" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the circuit court's grant of summary judgment in favor of homeowners in this complaint brought against them and their attorneys for wrongful use of civil proceedings and abuse of process, holding that the case must be remanded for reinstatement of summary judgment in favor of the homeowners.At issue was the proposed development by Bardstown Capital Corporation of Jefferson County residential property into a commercial center. The proposed development was ultimately approved, despite opposition by neighboring homeowners. The homeowners appealed, arguing that the rezoning ordinance was invalid due to, among other things, inadequacy of notice of the various zoning hearings. After the appeal was denied, Bardstown Capital brought this action against the homeowners. The circuit court granted summary judgment for the homeowners. The court of appeals reversed. The Supreme Court reversed, holding (1) the Noerr-Pennington doctrine afforded the homeowners immunity from claims of wrongful use of civil proceedings; and (2) the trial court properly applied the Doerr-Pennington doctrine and, therefore, did not err in granting summary judgment. View "Seiller Waterman, LLC v. Bardstown Capital Corp." on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment awarding Borders Self-Storage & Rentals, LLC the sum of $140,000 in this highway condemnation action, holding that the circuit court erred by ruling that the Lawrence County Property Valuation Administrator's (PVA) tax assessment could not be introduced into evidence.At trial, Borders sought to introduce as evidence the assessed tax value of $230,000 reflected in the PVA's records. The circuit court denied the request and ultimately awarded Borders $140,000 as compensation for the condemnation of its real property. The Supreme Court reversed, holding (1) PVA assessments constitute relevant and probative evidence and should not be stricken; and (2) Borders was entitled to a new trial at which it may introduce the PVA's assessed tax value for the condemned lands. View "Borders Self-Storage & Rentals, LLC v. Commonwealth" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the circuit court's order that Defendant forfeit $3,759 in cash that law enforcement officials seized the day Defendant and her co-defendant were arrested, holding that the trial court's forfeiture order was not erroneous.In reversing the forfeiture order, the court of appeals concluded that the Commonwealth failed to establish slight traceability of the funds to drug-trafficking activities. The Supreme Court reversed, holding that the trial court did not clearly err in determining that sufficient facts existed to establish slight traceability of the money to drug activity and raising the presumption of forfeiture, and did abuse its discretion in determining that Defendant failed to rebut the statutory presumption of forfeiture. View "Commonwealth v. Doebler" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the trial court's mandatory injunction in this property dispute, holding equitable relief was not available under the circumstances of this case.Plaintiffs, the owners of a residential subdivision lot - Lot 89 - sued Defendants, the owners of an adjoining subdivision lot, claiming trespass and recovery of land adversely held. Years before Plaintiffs owned Lot 89, Defendant excavated a portion of his lot and Lot 89 to allow water from a lake abutting both properties to cover a portion of both lots. Plaintiffs claimed that the action constituted a trespassory occupation of Lot 89. The trial court granted Plaintiffs a mandatory injunction and directed Defendants to backfill Lot 89. The court of appeals vacated the judgment, finding that this action was barred by the relevant statute of limitations. The Supreme Court affirmed on different grounds, holding (1) Plaintiffs never received title to the submerged portion of Lot 89, and therefore could not maintain a claim for trespass, for removal from land or recovery of land adversely held, or to quiet title; and (2) equitable relief was unavailable under the circumstances. View "Phillips v. Rosquist" on Justia Law

The Supreme Court vacated the opinions of the court of appeals and the circuit court in this case involving the issues of the mandatory recusal of the trial judge and the interpretation of deeds, holding that the circuit court judge in this instance was required to recuse, necessitating this Court's setting aside the judgment.In this property dispute centering on the ownership of a right of way following a railroad's abandonment, the trial judge adjudged Plaintiff the owner of the property. The court of appeals affirmed. On appeal, Defendant argued that the trial judge should have recused himself from the matter. The Supreme Court agreed, holding (1) Defendant sufficiently established that, in this proceeding, the trial judge's impartiality might reasonably be questioned and that his recusal was mandatory; and (2) interpretation of deeds and the devolution and ownership of a right of way following a railroad's abandonment are matters of law, which an appellate court reviews do novo. View "Abbott, Inc. v. Guirguis" on Justia Law

The Supreme Court reversed the court of appeals' decision affirming the circuit court's summary judgment in favor of Kentucky Tax Company, LLC on Kentucky Tax's suit to foreclose its lien on certain property and to collect amounts owed by Pleasant Unions, LLC, holding that Kentucky Tax did not comply with statutory notice requirements.Kentucky Tax acquired a certificate of delinquency for property owned by Pleasant Unions. Kentucky Tax then brought this action. Kentucky Tax filed a motion for summary judgment, attaching letters to show that it had satisfied the notice requirements of Ky. Rev. Stat. 134.490. In response, Pleasant Unions claimed that Kentucky Tax had not proven that two letters were actually mailed. The circuit court granted summary judgment for Kentucky Tax, and the court of appeals affirmed. The Supreme Court reversed, holding (1) an affidavit from Kentucky Tax's attorney tendered in support of its summary judgment motion was not sufficient proof of mailing as required by the applicable statute; and (2) summary judgment was premature because a genuine issue of material fact existed as to Kentucky Tax's compliance with the notice requirements of section 134.490. View "Pleasant Unions, LLC v. Kentucky Tax Co., LLC" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's ruling that Ky. Rev. Stat. 391.033 and Ky. Rev. Stat. 411.137 (together, "Mandy Jo's Law") precluded Appellant from recovering his intestate share of the settlement proceeds connected with the wrongful death of his son, Brandon Blake, holding that the trial court did not err in finding that Appellant willfully abandoned Brandon.Specifically, the Supreme Court held (1) the circuit court's failure to remove Appellees Melanie and Derek Blake as co-administrators of Brandon's estate was harmless error; (2) the trial court correctly employed the preponderance of the evidence standard of proof; (3) the trial court did not clearly err in finding that Appellant willfully abandoned Brandon under sections 391.033 and 411.137; and (4) equitable estoppel did not preclude Melanie from raising Mandy Jo's Law as a defense. View "Simms v. Estate of Blake" on Justia Law

The Supreme Court reversed the court of appeals' decision reversing the circuit court's order dismissing Property Owners' appeal from the decision of the Kenton County Board of Adjustment granting approval of a conditional use application to allow the operation of a nursery school in a residential zone, holding that Kentucky law requires that a party must claim to be "injured or aggrieved" to perfect an appeal to circuit court under Ky. Rev. Stat. 100.347(1).After the Board unanimously granted the conditional use application Property Owners filed an appeal, alleging that the Board's action was improper because it did not meet certain statutory requirements and the requirements of the Kenton County Zoning Ordinance. The circuit court dismissed the appeal, concluding that Property Owners failed to allege that they were injured or aggrieved by the final action of the Board, and therefore, the court lacked subject matter jurisdiction. The court of appeals reversed, interpreting the "injured or aggrieved" language to be a standing requirement rather than a jurisdiction requirement. The Supreme Court reversed, holding that Property Owners failed to follow the appeal procedures in section 100.347(1) by not claiming in the complaint to be injured or aggrieved, and therefore, the circuit court appeals properly dismissed the action for lack of jurisdiction. View "Kenton County Board of Adjustment v. Meitzen" on Justia Law