Justia Kentucky Supreme Court Opinion Summaries

The case involves the Commonwealth Building, located in the South Hill Historic District in Lexington, Kentucky. Built in the late 1950s, the building was purchased by The Residences at South Hill, LLC in 2017. The Residences sought approval from the Board of Architectural Review (BOAR) to demolish the building and construct a five-story apartment complex. The BOAR approved the demolition, leading to several appeals. The Historic South Hill Neighborhood Association (HSHNA) and Bluegrass Trust for Historic Preservation (Bluegrass Trust) were among the appellants, with Bluegrass Trust arguing that the building contributed to the historic character of the district and could provide economic return if renovated.The Fayette Circuit Court reviewed the case and concluded that the Planning Commission's decision to uphold the BOAR's approval was supported by substantial evidence. The court noted that the Planning Commission had considered various testimonies and evidence, including expert opinions, and found that the Commonwealth Building did not contribute to the historic character of the district. Bluegrass Trust appealed to the Kentucky Court of Appeals but did not post the required appeal bond, arguing financial incapacity. The Court of Appeals dismissed the appeal for lack of jurisdiction due to the failure to post the bond and stated in dictum that it would have affirmed the trial court's decision.The Supreme Court of Kentucky reviewed the case and held that Kentucky Revised Statute (KRS) 100.3471, which mandates an appeal bond in zoning and land use disputes, is unconstitutional. The court found that the statute infringes on the constitutional right of Kentuckians to at least one appeal to the next highest court, as guaranteed by Section 115 of the Kentucky Constitution. Consequently, the court reversed the Court of Appeals' dismissal of the appeal but affirmed the circuit court's decision on the merits, upholding the Planning Commission's approval of the demolition. View "BLUEGRASS TRUST FOR HISTORIC PRESERVATION V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PLANNING COMMISSION" on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). However, these were not built. LPW Redevelopment, LLC later acquired Parcels 2 and 3, sought a zone change, and submitted a development plan, which included the bridge and road extension. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The City of Nicholasville then informed Boone it was responsible for the bridge and road extension, which Boone disputed.Boone filed a declaratory action in Jessamine Circuit Court, which ruled in Boone's favor, instructing the NPC to make a decision. The NPC affirmed its letter of credit requirements, including the bridge and road extension. The Board of Adjustment upheld the NPC's decision. Boone appealed, and the Jessamine Circuit Court affirmed the Board's decision, finding the Board's actions were within its legislative powers, provided procedural due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court held that the statute imposed an unconstitutional burden on the right to appeal, referencing its contemporaneous decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court reversed the Court of Appeals' dismissal of Boone's appeal for lack of jurisdiction due to the bond issue. On the merits, the Supreme Court affirmed the Jessamine Circuit Court's decision, finding the NPC's requirements for the bridge and road extension were not clearly unreasonable. View "BOONE DEVELOPMENT, LLC V. NICHOLASVILLE BOARD OF ADJUSTMENT" on Justia Law

Jonathan Hardin, a former Louisville Metro Police Department (LMPD) officer, was terminated after the Chief of Police found he violated four Standard Operating Procedures (SOPs). These violations stemmed from two incidents at a school where Hardin was a resource officer: one involving excessive force against a student and another where he failed to read Miranda rights to a juvenile. Hardin appealed his termination to the Louisville Metro Police Merit Board, which upheld the termination after finding he committed three of the four SOP violations.Hardin then appealed to the Jefferson Circuit Court, arguing that the Merit Board improperly considered expunged materials, violated his due process rights by admitting transcribed witness statements without cross-examination, and wrongfully relied on his arrest and criminal charges without a conviction. The Circuit Court affirmed the Merit Board's decision. Hardin further appealed to the Kentucky Court of Appeals, which also affirmed the Circuit Court's ruling.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals' decision. The Court held that the expungement statute did not apply to the internal employment records of the LMPD's Professional Standards Unit (PSU). It also found that Hardin's due process rights were not violated by the Merit Board's consideration of sworn, transcribed witness statements, as the statutes allowed for such evidence and provided sufficient procedural safeguards, including the right to subpoena witnesses. Lastly, the Court ruled that the Chief's termination of Hardin was not arbitrary, even though it partially relied on his arrest and criminal charges, as there were other independent bases for the termination. View "HARDIN V. LOUISVILLE/JEFFERSON COUNTY METROPOLITAN GOVERNMENT" on Justia Law

Dezmon Moore, a police officer with the Louisville Metro Police Department (LMPD), was terminated after the Chief of Police found he had committed three violations of the department's Standard Operating Procedures (SOPs). These violations stemmed from incidents involving domestic altercations with his wife, Bethel Moore, which led to multiple arrests and charges, including assault and violation of a no-contact order. Moore's criminal charges related to these incidents were eventually dismissed or expunged.Moore appealed his termination to the Louisville Metro Police Merit Board, which upheld the termination after finding he had committed two of the three SOP violations. The Jefferson Circuit Court affirmed the Merit Board's decision, and the Court of Appeals also affirmed, though it noted errors in the Merit Board's consideration of expunged materials and transcribed witness statements without cross-examination. However, the Court of Appeals deemed these errors harmless.The Supreme Court of Kentucky reviewed the case. The Court held that the Merit Board did not violate Moore's statutory or constitutional due process rights by considering transcribed witness statements without live testimony and cross-examination. The Court found that the statutes governing the Merit Board provided sufficient procedural safeguards, including the opportunity for Moore to subpoena witnesses. The Court also determined that the expungement statutes did not apply to the internal employment records of the LMPD's Professional Standards Unit (PSU), and thus, the Merit Board did not err in considering those materials.Finally, the Court held that Moore's termination was not arbitrary, even though it was based on arrests and charges rather than convictions. The Chief's decision was supported by proper evidence, and the Merit Board's affirmation of the termination was justified. The Supreme Court of Kentucky affirmed the decision of the Court of Appeals. View "LOUISVILLE/JEFFERSON COUNTY METROPOLITAN GOVERNMENT V. MOORE" on Justia Law

The case revolves around Timothy Poole, a law graduate who failed the Kentucky Bar Examination five times. Poole claimed that the Kentucky Office of Bar Admissions (KYOBA) and its Executive Director, Valetta Browne, denied him necessary accommodations, leading to his repeated failures. He sought either retroactive admission to the Kentucky Bar Association or permission to retake the exam with all his accommodations.Previously, Poole had initiated a lawsuit in Fayette Circuit Court, alleging negligence on Browne's part regarding the October 2020 exam, which caused him emotional distress, loss of employment opportunities, and other damages. However, the complaint was dismissed, with the court ruling that individuals serving in a judicial capacity are immune from civil liability for their conduct and communications during their duties.The Supreme Court of Kentucky, after reviewing Poole's petition, his interactions with the KYOBA, and the accommodations offered, found that Poole was given appropriate accommodation and ample opportunities to pass the bar exam. The court noted that Poole voluntarily chose to sit for the exam twice without any accommodations, despite having inquired about them and allegedly possessing the required materials for his application. The court also pointed out that Poole never voiced any objection to the additional testing time allowance afforded to him and did not appeal that determination.The court also clarified that the rule limiting attempts to pass the bar exam to five, including attempts on the Uniform Bar Examination (UBE) taken in Kentucky or any other jurisdiction from February 2021 onwards, applies to all attempts, not just those after February 2021.The court concluded that Poole's application process and the exams were conducted in a fair and equitable manner, and any failure to approve and implement additional accommodations was due to Poole's failure to apply for them or seek appellate review of the accommodation granted. The court affirmed the KYOBA's determination that Poole had exhausted his attempts to pass the Kentucky Bar Exam and denied his requests for relief. View "Poole v. Browne" on Justia Law

The case involves Daquan N. Lampkins, who was convicted of two counts of murder, possession of a handgun by a convicted felon, and violation of a protective order. Lampkins had a tumultuous relationship with Delivia Carron, who he had assaulted multiple times. Carron obtained an emergency protective order against Lampkins, which he violated. On April 13, 2017, Lampkins shot Carron and her new boyfriend, Ricky Jones, resulting in their deaths.The case was tried in the Jefferson Circuit Court, where Lampkins was convicted and sentenced to life imprisonment without the possibility of parole. Lampkins appealed his conviction, arguing that the trial court erred in several ways, including excluding the victims’ toxicology reports, failing to strike two jurors for cause, improperly admitting evidence of prior bad acts, and permitting the Commonwealth to dramatize one of the murders.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decision. The court found no reversible error in the trial court's decisions. It held that the trial court properly excluded the victims’ toxicology reports, did not err in failing to strike two jurors for cause, and correctly admitted evidence of prior bad acts. The court also found that while the trial court erred in allowing the Commonwealth to dramatize one of the murders, this error was harmless and did not substantially influence the outcome of the case. View "Lampkins v. Commonwealth" on Justia Law

In April 2019, Charlotte Blair executed a power of attorney (POA) appointing her daughter, Annette Wiley, as her attorney in fact. The POA was not signed by two disinterested witnesses as required by Kentucky law at the time. In December 2019, Wiley signed admission documents and an alternative dispute resolution (ADR) agreement on Blair's behalf for Blair's admission to a long-term care facility. Blair passed away in June 2020. In July 2020, the Kentucky legislature amended the law to remove the two-witness requirement for POAs.Wiley and her sister, Melanie Persson, sued the care facility, Masonic Homes of Kentucky, Inc., for various claims. Masonic Homes argued that some of these claims were subject to the ADR agreement and moved to compel arbitration. The Jefferson Circuit Court ruled that the POA was invalid because it did not meet the requirements of the law at the time of its execution and that the 2020 amendment was not retroactive. Therefore, the ADR agreement was unenforceable. Masonic Homes appealed this decision.The Court of Appeals reversed the circuit court's decision, ruling that the POA was valid because the 2020 amendment to the law was retroactive. Wiley sought review from the Supreme Court of Kentucky.The Supreme Court of Kentucky reversed the Court of Appeals' decision. The court held that the 2020 amendment to the law was not retroactive. Therefore, the POA was invalid at the time of its execution and the ADR agreement was unenforceable. The court remanded the case to the Jefferson Circuit Court for further proceedings. View "Wiley v. Masonic Homes of Kentucky, Inc." on Justia Law

The case involves John Ellis, who was convicted of first-degree rape, second-degree burglary, and kidnapping, and sentenced to fifty years in prison. Ellis appealed his conviction, arguing that the trial court erred in not suppressing his incriminating statements. He claimed that these statements were made during a custodial interrogation without proper Miranda warnings, and that his girlfriend, to whom he made the statements, was acting as an agent of the state.The Simpson Circuit Court had allowed the statements Ellis made to his girlfriend when they were alone, but suppressed those statements made when a police officer was in the room with them. The court held that Ellis' girlfriend was not an agent of the Commonwealth when she was brought into the interview room and allowed to converse with Ellis because there was no agreement between her and the troopers that she would help them.The Supreme Court of Kentucky reversed the lower court's decision, agreeing with Ellis that he was in custody and not properly informed of his rights according to Miranda. The court also held that the police failed to adhere to Ellis' invocation of counsel. The court found that the admission of Ellis' statements was not harmless beyond a reasonable doubt, given the circumstantial nature of the case against him and the lack of physical proof presented at trial. Therefore, the court reversed Ellis' convictions and remanded the case to the Simpson Circuit Court for further proceedings. View "Ellis v. Commonwealth" on Justia Law

The case involves Billy Jo Faughn, who was convicted of wanton murder and operating a motor vehicle under the influence of methamphetamine, resulting in a fatal accident. Faughn had left a funeral and visited the home of a known methamphetamine dealer before the accident. An eyewitness saw Faughn driving erratically and at high speed before his vehicle left the road, traveled through a yard, and struck Sarah Barrow, who was tending to her flowers. Barrow died from her injuries. A blood test revealed methamphetamine in Faughn's system. Faughn was sentenced to life imprisonment.Faughn appealed his conviction, raising four claims of error. He argued that the trial court erred by allowing some of the Commonwealth’s witnesses to testify via Zoom, which he claimed violated his right to confront the witnesses. He also claimed prosecutorial misconduct, and argued that the court erred by admitting only a portion of a bodycam video. Lastly, he argued that the cumulative effect of these errors entitled him to a new trial.The Supreme Court of Kentucky affirmed the judgment of the Todd Circuit Court. The court found that while the trial court erred in allowing remote testimony, this error was harmless beyond a reasonable doubt given the overwhelming evidence against Faughn. The court also found no prosecutorial misconduct and ruled that the admission of the bodycam video was also harmless error. The court concluded that the cumulative effect of these errors did not render Faughn’s trial fundamentally unfair. View "Faughn v. Commonwealth" on Justia Law

The case revolves around an incident that occurred during the 2018 Kentucky Derby. Joi Denise Roby and her husband were invited by Kyle McGinty to the backside stable area of Churchill Downs, a restricted area not open to the public. Roby, who had experience with horses, interacted with the horses in their stalls, including a stable pony named Henry. Henry, owned by Bradley Racing Stables and William Buff Bradley, was used to escort racehorses to and from the track, but was not actively engaged in this activity on the day of the incident. As Roby approached Henry in his stall, he lunged and bit her. Roby subsequently sued Bradley and Churchill Downs for breaching their duty to maintain a safe premises.The Jefferson Circuit Court granted summary judgment in favor of Bradley and Churchill Downs, holding that the Farm Animals Activity Act (FAAA) exemption did not apply to Churchill Downs because the stabling of a horse was a farm animal activity, not a horse racing activity. The court also ruled that Roby was a licensee because she conferred no benefit to Churchill Downs and no evidence in the record supported a breach of duty. The Court of Appeals reversed the trial court orders granting summary judgment for Bradley and Churchill Downs, finding that the horse racing exemption applied because live racing was occurring, Roby was injured after being bitten by a horse located on the premises, and the horse was used to escort racehorses to and from the track.The Supreme Court of Kentucky reversed the Court of Appeals' decision, holding that the FAAA horse racing exemption did not apply to Roby's injuries. The court reasoned that while horse racing activities were occurring at Churchill Downs during the Kentucky Derby, neither Bradley, Churchill Downs, nor Roby were engaged in horse racing activities at the time Roby was bitten. The court also held that Louisville Metro Code of Ordinances § 91.028(A), which imposes liability for any personal injury caused by an animal, did not apply to Roby's injuries due to the FAAA's limitation of liability. View "Bradley Racing Stables, LLC v. Roby" on Justia Law