COM. v. PENDENNIS CLUB, INC.

No. 2002-SC-0508-DG.

153 S.W.3d 784 (2004)

COMMONWEALTH OF KENTUCKY, Kentucky Commission on Human Rights Appellant, v. PENDENNIS CLUB, INC., et. al. Appellee.

Supreme Court of Kentucky.

As Modified November 23, 2004.

Rehearing Denied February 17, 2005.


Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, D. Brent Irvin, Assistant Attorney General, Frankfort, Morgan G. Ransdell, Staff Attorney, Kentucky Commission on Human Rights, Louisville, Counsel for Appellant.

D. Patton Pelfrey, Robert W. Dibert, Frost Brown Todd, LLC, Louisville, Counsel for Appellee, Pendennis Club, Inc.

John O. Sheller, Smith & Smith Attorneys, Louisville, Counsel for Appellee, Louisville Country Club.

Richard G. Griffith, Jeffrey J. Chapuran, Stoll, Keenon & Park, LLP, Lexington, Counsel for Appellee, Idle Hour Country Club.


Opinion of the Court by Justice LAMBERT.

Under Kentucky law, tax deductions are disallowed for amounts paid to any club that discriminates on the basis of race in its membership practices or in affording full and equal enjoyment of its benefits. The Kentucky Commission on Human Rights (KCHR) seeks a declaration that it has authority to investigate private clubs to determine if they engage in discriminatory conduct in such a manner that members would be prohibited...

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