ANDOVER GOLF & COUNTRY CLUB LITIGATION: A flurry of litigation commenced April 2017 involving the foreclosure by Whitaker Bank of the Andover Golf Course property which includes the clubhouse and pool. With the Andover entity apparently “handing over” the property to Whitaker in February 2017, Whitaker filed a foreclosure action...
The Behr entities filed an action against seeking an immediate injunction to validate its trespass through another business property. The trial court denied the request and granted the property owner’s request by cross motion for injunction prohibiting the trespass. Behr appealed the temporary injunction to the Court of Appeals under...
On August 24, 2017, in a case concerning a cohabiting, unmarried couple, the Kentucky Supreme Court affirmed the Court of Appeals’ conclusion that a cotenant of real property, including one who holds as joint tenant with right of survivorship, is entitled to contribution from other cotenants with respect to his...
Update of the court’s rulings of June 27, 2017: In an action brought by the Lexington Herald-Leader, the Fayette Circuit Court held that the University of Kentucky violated the Kentucky Open Records Act by refusing to disclose documents received and discussed by the University’s Board of Trustees during an ostensibly...
On June 23, 2017, the Court of Appeals affirmed the Fayette Circuit Court. On a matter of first impression, the COA agreed with the attorneys at MGM that an assignment of a right to receive royalties from a copyright is not testamentary in nature, rather is a transfer of a...
On June 5, 2017, the trial court issued an opinion and order and granted summary judgment to the landlord over a lease dispute and amounts owed by the tenant. The ruling included recovery of attorneys’ fees under KRS 383.660 due to the willful breach of the lease. Read the ruling....
Former owner of real property sued to void the deed of conveyance from almost five (5) years earlier alleging that his and his wife’s signatures were forged. In deposition testimony both former owner and wife confirmed signatures were not forged on deed. Trial court granted summary judgment to current owner...
Same-sex parents shared equal timesharing and joint custody of their autistic twins, and had entered an agreement that they would each remain in the same school district until the children graduated from high school. The twins’ biological mother filed a Motion to relocate with the minor children to another state,...
The Court entered its Memorandum Opinion & Order May 5, 2017. In a contract dispute arising from the painting of plastic automotive parts, the United States District Court for the Eastern District of Kentucky found that an issue of fact existed as to whether an “early termination fee” provided in...
The Court of Appeals by Opinion issued March 24, 2017, held that the Garrard Circuit Court erred in holding that deed restrictions prohibited short-term rentals of residences. The circuit court’s had held that inhabitants of short-term rentals of residential property were not “residents” and therefore the use of the property...
