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GEVEDEN v. COM.

No. 2004-CA-001588-I.

142 S.W.3d 170 (2004)

Charles GEVEDEN, Representative; Steve Nunn, Representative; Jim Wayne, Representative, Movants, v. COMMONWEALTH of Kentucky, Office of the Governor, ex rel. Ernie Fletcher, et al., Respondents.

Court of Appeals of Kentucky.

September 3, 2004.

Attorney(s) appearing for the Case

Walter A. Baker, Glasgow, KY, Phillip J. Shepherd, Frankfort, KY, for movants.

Sheryl G. Snyder, Jason P. Renzelmann, Frost Brown Todd LLC, Louisville, KY, John C. Roach, General Counsel, Office of the Governor, Frankfort, KY, for respondents.

Before DYCHE, JOHNSON, and KNOPF, Judges.

OPINION AND ORDER

KNOPF, Judge.

On April 13, 2004, the General Assembly adjourned its regular session without having enacted an omnibus appropriation for the Executive Branch of Kentucky's government. Anticipating the Governor's assertion of emergency spending powers, the Attorney General, on May 27, 2004, petitioned the Franklin Circuit Court for a declaration of rights establishing the limits of any such executive authority. Resolution of that petition...

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