COM., CABINET FOR HUM. RES. v. KANTER

Nos. 94-CA-0539-MR, 94-CA-0540-MR.

898 S.W.2d 508 (1995)

COMMONWEALTH Of Kentucky, CABINET FOR HUMAN RESOURCES, DEPARTMENT OF HEALTH SERVICES, Appellant v. John KANTER, d/b/a L & J Market, Appellee. COMMONWEALTH Of Kentucky, CABINET FOR HUMAN RESOURCES, DEPARTMENT OF HEALTH SERVICES, Appellant v. Shirley ASKINS, d/b/a Askins Grocery, Appellee.

Court of Appeals of Kentucky.

March 31, 1995.


Attorney(s) appearing for the Case

Autumn F. Corns, Asst. Counsel, Dept. of Law, Frankfort, for Cabinet for Human Resources.

J.B. Johnson, Jr., Williamsburg, for appellees.

Before COMBS, JOHNSTONE and McDONALD, JJ.


OPINION

McDONALD, Judge.

The issue presented for consideration in this consolidated appeal is whether, as a matter of law, the trial court erred in voiding, on the basis of two constitutional grounds, the sanctions imposed by the Cabinet for Human Resources, Department of Health Services, ("Cabinet") against the appellees. We conclude the trial court erred in both instances.

The appellees, John Kanter d/b/a L & J Market, and Shirley Askins...

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