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   State Courts - Kentucky - March 24 - March 31, 2006

  
Danville-Boyle County Planning Comm'n v. Centre Estates, NO. 2004-CA-001568-MR, NO. 2004-CA-001569-MR, NO. 2004-CA-001682-MR, NO. 2004-CA-001685-MR, COURT OF APPEALS OF KENTUCKY, March 24, 2006, Rendered
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Overview: The trial court erred in remanding the decision of the City of Danville and Board of Commissioners of the City of Danville denying the applicant's zone change request for a 70-acre parcel from agricultural-residential to highway-commercial. Neither of the findings required under Ky. Rev. Stat. Ann. § 100.213 for a zone change were made.

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Johns v. Firstar Bank, NA, NO. 2004-CA-001558-MR AND NO. 2004-CA-001709-MR, COURT OF APPEALS OF KENTUCKY, March 24, 2006, Rendered
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Overview: In a case where a bank customer obtained a jury verdict for invasion of privacy and breach of confidentiality after a bank employee revealed the customer's involvement in a financed project, the judgment as to the invasion of privacy count was reversed since the information disclosed was not by intrusion on the part of the bank.

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Abell v. Reynolds, NO. 2005-CA-001144-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: Circuit court's order granting summary judgment to a neighbor in property owners' suit under Kentucky Boundary Line Fence Act was vacated because, pursuant to Ky. Rev. Stat. Ann. § 256.042, the district court had exclusive jurisdiction over all actions arising under the Act; thus, circuit court lacked subject matter jurisdiction over owners' claim.

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Armstrong v. Commonwealth, NO. 2005-CA-000495-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: Commonwealth was entitled to patient's blood test results from hospital for purposes of prosecuting DUI case against patient where patient had consented to a blood sample for purposes of medical treatment. Nothing in Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.S. § 201 et seq., or regulations required balancing test.

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Cape Publ'ns v. City of Louisville, NO. 2004-CA-002270-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: In a case where a newspaper sought disclosure, pursuant to the Open Records Act, Ky. Rev. Stat. Ann. § 61.870 et seq., of performance evaluations of an employee who was convicted of theft arising from his employment with an agency, and his supervisor, redaction of the records to remove truly personal information was the best solution.

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Dunn v. Commonwealth, NO. 2005-CA-000468-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: Trial court did not err in denying defendant's motion to suppress evidence of cocaine found on his person; since the smell of marijuana came from the vehicle in which defendant arrived in when he arrived to inquire about a vehicle at an auto dealership gave police officer who responded probable cause to search defendant.

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Griffin Indus. v. Mullen, NO. 2004-CA-001593-MR AND NO. 2004-CA-001795-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: Evidence supported verdict for employee in his claim brought under Ky. Rev. Stat. Ann. § 342.197, alleging that he was discharged for seeking workers' compensation benefits. While accident was employee's third within two years, employer's policy did not mandate termination. Termination occurred in close proximity to employee's filing for benefits.

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Manus, Inc. v. Terry Maxedon Hauling, Inc., NO. 2004-CA-002472-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: Trial court properly ordered requests deemed admitted pursuant to Ky. R. Civ. P. 36.02 where, inter alia, contractor failed to timely respond to requests, did not object to or appear at motion hour to object to motion to deem the requests admitted, and failed to attend the hearing on the motion to set aside order deeming requests admitted.

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Padilla v. Commonwealth, NO. 2004-CA-001981-MR, COURT OF APPEALS OF KENTUCKY, March 31, 2006, Rendered
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Overview: As the record did not refute a prisoner's allegation that counsel affirmatively assured him he would not be deported as a result of pleading guilty, or refute his claim that but for counsel's mistaken advice he would not have pled guilty, the prisoner was entitled to an evidentiary hearing on his claim regarding ineffective assistance of counsel.

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