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KY. OFFICE OF HOMELAND SEC. v. CHRISTERSON

Nos. 2009-CA-001650-MR, 2009-CA-001676-MR.

371 S.W.3d 754 (2012)

KENTUCKY OFFICE OF HOMELAND SECURITY; and Thomas Preston, in his Official Capacity as the Director of the Kentucky Office of Homeland Security, Appellants, v. Michael G. CHRISTERSON; James F. Coffman; Lucinda Hedden Coffman; Jan Ewing; Emmett F. Fields; Alex Grigg; Edwin Hensley; Helen Kagin; Gary Maryman; David Ryan; and James K. Willmot, Appellees. and American Atheists, Inc., Cross-Appellant, v. Commonwealth of Kentucky, Kentucky Office of Homeland Security; and Thomas Preston, in his Official Capacity as the Director of the Kentucky Office of Homeland Security, Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 15, 2012.

Attorney(s) appearing for the Case

Jack Conway (argued), Attorney General of Kentucky, Tad Thomas (argued), Assistant Deputy Attorney General, Frankfort, KY, for Appellants/Cross-Appellees.

Ronald D. Ray , Crestwood, KY, Amicus Curiae Brief for Thirty-Five Kentucky State Senators.

Jack L. Richardson , Louisville, KY, Amicus Curiae Brief for Ninety-Six Kentucky State Representatives.

Vaughn Murphy , Frankfort, KY, Amicus Curiae Brief for The Family Foundation.

Edwin F. Kagin (argued), Union, KY, for Appellees/Cross-Appellant.

William E. Sharp , Louisville, KY, Amicus Curiae Brief for the American Civil Liberties Union.

Before VANMETER and WINE, Judges; SHAKE, Senior Judge.

OPINION

VANMETER, Judge:

The Kentucky Office of Homeland Security ("KOHS") and Thomas Preston, as the director of the KOHS (hereinafter collectively referred to as "KOHS"), appeal from the order of the Franklin Circuit Court that granted summary judgment in favor of Appellees2 and American Atheists, Inc. ("American Atheists") on the basis that KRS 39A.2853...

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