BROWN v. BARKLEY


628 S.W.2d 616 (1982)

John Y. BROWN, Jr., Governor of the Commonwealth of Kentucky, et al., Movants, v. Alben W. BARKLEY II, Commissioner of Agriculture, Respondent.

Supreme Court of Kentucky.

As Amended March 17, 1982.


Attorney(s) appearing for the Case

Lawrence E. Forgy, Jr., Wyatt, Tarrant & Combs, Lexington, William H. Cull, J. Patrick Abell, Frankfort, for movants.

Julius Rather, Lexington, R. Hughes Walker, J. Michael Noyes, Frankfort, for respondent.


PALMORE, Chief Justice.

On January 14, 1981, the Governor of Kentucky issued an executive order (numbered 81-55) transferring various functions, personnel and funds from the Department of Agriculture (hereinafter called Agriculture) to another executive agency and, among other things, placing it and several other agencies within a newly-created Energy and Agriculture Cabinet. The Commissioner of Agriculture1 thereupon brought suit challenging...

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