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| Allen v. Woodford County Bd. of Adjustments, NO. 2006-CA-000603-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Order affirming board's grant of conditional use permit to allow "tourist home" was proper because appellants admittedly became aware of zoning compliance officer's recommended interpretation of the term "tourist home" at earlier hearing, but did not timely appeal the officer's actions to the board as required by Ky. Rev. Stat. Ann. § 100.261.
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| Fields v. Papa John's Int'l, Inc., NO. 2006-CA-000936-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: An employee failed to establish a prima facie showing of sexual discrimination based on a hostile work environment in violation of the Kentucky Civil Rights Act, Ky. Rev. Stat. Ann. § 344.010 et seq. Her testimony revealed that the employer quickly responded to her complaints regarding name-calling and comments regarding her sexual practices.
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| Gilliam v. Methodist Hosp. of Ky., Inc., NO. 2006-CA-001218-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Dismissal of employee's suit alleging wrongful termination due to his involvement with a union's efforts to organize workers was improper because employee made no claims for regulatory or injunctive relief within exclusive jurisdiction of NLRB, but sought only compensatory and punitive damages based on violation of Ky. Rev. Stat. Ann. § 336.130.
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| Green's Motorcycle Salvage, Inc. v. Caneyville Volunteer Fire Dep't, NO. 2006-CA-001142-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Ky. Rev. Stat. Ann. §§ 75.070 and 95.830(2) unconstitutionally made fire departments and firefighters immune because the Kentucky Constitution preserved the right to recover damages for negligence, and no fire department could be established as part of central state government or county government, but firefighters had qualified official immunity.
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| McKee v. Commonwealth, NO. 2005-CA-002565-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Denial of appellant's Ky. R. Crim. P. 11.42 post-conviction relief motion was proper because, inter alia, vague allegation that counsel did not investigate was not permitted, counsel's failure to investigate an alibi defense was strategic and not prejudicial, and there was no prejudice to appellant from being tried jointly with his codefendant.
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| Morrow v. Commonwealth, NO. 2005-CA-001645-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Entrapment defense was unavailable in defendant's drug trafficking trial because defendant denied the underlying offense or any proscribed conduct. Complicity instruction given required the jury to find that defendant aided or assisted his brother in the drug transaction. There was no authority for a separate "mere presence" instruction.
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| Oldham Farms Dev., LLC v. Oldham County Planning & Zoning Comm'n, NO. 2006-CA-000079-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Order affirming planning commission's denial of subdivision plan was proper because expert testimony alone constituted substantial evidence supporting the planning commission's findings that certain roads adjoining or adjacent to the proposed subdivision were inadequate to sustain the expected average daily traffic generated by 499 new homes.
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| Perkins v. Cabinet for Health & Family Servs., NO. 2005-CA-002287-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Order affirming dismissal of employee's challenge to written employment reprimand was proper because exclusion of written reprimands from Ky. Rev. Stat. Ann. § 18A.005(24) and creation of administrative remedy for disciplinary actions were determinative of legislative intent to foreclose appeal to board for those aggrieved by written reprimand.
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| Plattner v. Plattner, NO. 2005-CA-002525-MR,
COURT OF APPEALS OF KENTUCKY, June 29, 2007, Rendered
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Overview: Trial court erred by refusing to deviate from child support guidelines under Ky. Rev. Stat. Ann. § 403.211(2), and awarding support to mother because parties were awarded joint custody with no primary residential custodian, physical custody was evenly divided between parties, and there was no significant disparity between parties' income.
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