The Fayette County Housing Authority sought to condemn a privately-owned apartment complex under the Kentucky Eminent Domain Act to build a low-income housing building for the elderly. MGM successfully defended the suit in circuit court, defeating the government’s effort. The Housing Authority appealed. The Court of Appeals affirmed the trial...
After an estate dispute arose, one of the decedent’s natural daughters who was born out of wedlock sought to have her father’s paternity established. The decedent’s widow (the second wife) and her children denied the daughter’s claim and rights to the estate. The Court held the daughter was in fact...
The former purchaser of the “breeding rights” to Kentucky Derby winner REAL QUIET purchased his “racing qualities” in 2000. The 2000 agreement provided that the horse was sold “as is” and with no representation or warranties concerning the physical condition of the colt. The purchaser later sued the seller, trainer,...
This case concerned whether the husband’s disability retirement benefits were marital or non-marital property. Reversing the lower courts and enunciating a new rule of law, the Kentucky Supreme Court agreed with the husband to find that courts are to classify disability benefits according to the nature of the wages they...
In a case of significance to the music industry, music artist, Toby Keith, was granted a federal nationwide injunction under the Lanham Trade-Mark Act against sellers of bootleg merchandise. Read more ›
...Huntington National Bank filed a foreclosure action against an automobile dealership after it defaulted on its mortgage payments. The bank sought to recover against the guarantor of a promissory note that was executed in their favor. The guarantor, an out-of-state businessman who owned an interest in the dealership, sought the...
Representatives of a local neighborhood association and the Huntertown Road Alliance (HRA) opposed a plan that had been submitted to the Woodford County Zoning Administrator to build a car dealership. The zoning in the area where the dealership was to be built had remained unchanged for more than twenty-five years...
A couple living in the Andover Hills Subdivision submitted an application to the neighborhood association and the developer for a fence they wanted to build on their lot. All of the lots are subject to deed restrictions and covenants, and all proposed fences must first be approved the developer. The...
The County Planning Commission and the County Council planned a comprehensive rezoning scheme for the development of a large tract of land on the outskirts of town. A large segment of the community was opposed to the plan, and after a suit was filed against the Commission it entered into...
In a completely separate suit, MGM represented a plaintiff who was awarded a judgment and order of sale of the defendant’s property to satisfy a judgment for money. By mistake, the court’s judgment had a numeral of the property address listed incorrectly which resulted in the address of the neighboring...