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| Bear Creek Capital, LLC v. Toebben, Ltd., NO. 2005-CA-000957-MR AND: NO. 2005-CA-001010-MR AND: NO. 2005-CA-001132-MR,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: The Kentucky Private Activity Bond Allocation Committee had no jurisdiction to approve a city's proposed industrial revenue bonds because the notice of the Committee's hearing on the bonds did not comply with Ky. Rev. Stat. Ann. § 424.130(1)(d), so its approval was void and the matter could not be remanded to it because there was nothing to remand.
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| Block v. Block, NO. 2005-CA-000666-MR,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: Separation agreement provided that if wife cohabitated with unrelated man, court could entertain husband's motion to modify maintenance under Ky. Rev. Stat. Ann. § 403.250. As wife's relationship with unrelated man was a new "financial resource" for her, and other Combs factors weighed in favor of husband, maintenance should have been terminated.
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| Boone v. Ballinger, NO. 2006-CA-001257-ME AND NO. 2006-CA-001287-ME,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: While an ex-husband did not qualify for de facto custodian status under Ky. Rev. Stat. Ann. § 403.270, because the biological father's conduct might preclude him from displacing the ex-husband altogether, as Kentucky recognized the doctrine of waiver in a child custody dispute, the matter had to be remanded for such a determination.
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| Goldsmith v. Bennett-Goldsmith, NO. 2006-CA-001680-ME,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: Father failed to carry his Ky. Rev. Stat. Ann. § 403.213(1) burden of establishing a substantial and continuing change in his circumstances such that reduction in child support was warranted; while the father asserted he no longer had income producing rental properties, he failed to present any evidence as to what had happened to them.
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| Layton v. Commonwealth, NO. 2004-CA-002309-MR,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: Before considering defendant's request for probation, trial court stated that it intended to follow jury's recommendation of a 10-year prison sentence for engaging in organized crime. As the trial court did not give proper consideration to the subject of probation as mandated by Ky. Rev. Stat. Ann. § 533.010(2), defendant's sentence was vacated.
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| Square D Co. v. Miller, NO. 2006-CA-001417-WC,
COURT OF APPEALS OF KENTUCKY, May 4, 2007, Rendered
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Overview: Board erred in vacating ALJ's determination that technician was not entitled to Ky. Rev. Stat. Ann. § 342.730(1)(c)1 triple multiplier because, although fact that technician returned to same job classification after injury did not resolve whether he retained capacity to perform his job, ALJ clearly looked beyond mere classification of job.
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