MOTOR VEHICLE COM'N v. HERTZ CORP.

No. 88-CA-874-S.

767 S.W.2d 1 (1989)

MOTOR VEHICLE COMMISSION, Commonwealth of Kentucky, Appellant, v. The HERTZ CORPORATION and Avis Rent A Car System, Inc., Appellees.

Court of Appeals of Kentucky.

March 24, 1989.


Attorney(s) appearing for the Case

Dandridge F. Walton, Frankfort, for appellant.

Mark Overstreet, Stites & Harbison, Frankfort, for Hertz Corp.

Holliday Hopkins Thacker, Richard Northern, Wyatt, Tarrant & Combs, Louisville, for Avis Rent A Car System, Inc.

Before DYCHE, HOWARD and McDONALD, JJ.


HOWARD, Judge.

This is an appeal by the Motor Vehicle Commission ("Commission") from summary judgment declaring its off-site sales regulation, as originally promulgated and as amended, unconstitutional. Under 605 KAR 1:150, the Commission attempted to regulate the sale of vehicles by established dealers that occur at temporary or off-site locations.

The regulation, as originally promulgated, became effective on October 9, 1984. Seven days later, on October...

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