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| Bess v. Bracken County Fiscal Court, NO. 2005-CA-000541-MR,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: County ordinance that banned the possession of pit bull terriers was not invalid. It was supplemental to, rather than inconsistent with, Ky. Rev. Stat. Ann. ch. 258, which banned vicious dogs generally, as it did not limit ch. § 258's application but instead provided a more comprehensive plan of protection.
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| City of Salyersville v. Smith, NO. 2006-CA-000883-WC,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Because worker employed by third party contractor sought workers' compensation benefits for injuries sustained while working on city sewer project, and only prior work of this nature was done in 1940s or 1950s, work was not "regular" or "recurrent" and order imposing up the ladder liability on city under Ky. Rev. Stat. Ann. § 342.610 was error.
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| Commonwealth v. Hall, NO. 2005-CA-000862-MR,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Trial court erred in finding that its denial of the Kentucky Transportation Cabinet's summary judgment motion was not a final order under Ky. R. Civ. P. 54 as absolute immunity claims were immediately appealable. The Cabinet properly invoked the jurisdiction of the appellate court.
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| Hutson v. Commonwealth, NO. 2005-CA-002289-MR,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Trial court properly entered a nunc pro tunc pretrial order memorializing appellant's arraignment and plea of not guilty to a charge of being a persistent felony offender, as the Commonwealth discovered evidence of the arraignment and plea after appellant's conviction was reversed, and the reversal did not require dismissal of the charge.
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| K.R.L. v. P.A.C., NO. 2006-CA-000364-ME,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: A mother had standing to appeal the trial court's denial of her petition for involuntary termination of a father's parental rights with respect to their child, as Ky. Rev. Stat. Ann. § 625.110, which allowed appeals only from an order granting such a petition, was unconstitutional for violating the right to appeal guaranteed by Ky. Const. § 115.
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| Pinkston v. Audubon Area Cmty. Servs., NO. 2006-CA-000473-MR,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Absent a special agreement to do so, made when the contract was entered into, there was no obligation upon a landlord to repair leased premises. Even if the lease provision at issue imposed an affirmative duty on the landlord to make repairs, the landlord was not liable for personal injuries arising from its breach of the agreement to repair.
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| Robinson v. Robinson, NO. 2006-CA-001095-ME,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Because father's pursuit of custody modification occurred within two years of custody award, he had to file motion to modify under Ky. Rev. Stat. Ann. § 403.340(2) with affidavits showing grounds for modification. As he failed to do so, trial court had no authority to modify custody, and mother should have been permitted to relocate with children.
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| Southers v. Commonwealth, NO. 2005-CA-001685-MR,
COURT OF APPEALS OF KENTUCKY, December 1, 2006, Rendered
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Overview: Because was unreasonable for officer to believe that crime was in progress, exigent circumstances did not justify officer's warrantless entry into defendant's motel room. Since he had no justifiable reason to enter room without warrant, drugs and paraphernalia in the room, which were the fruits of the illegal entry, should have been suppressed.
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