ROGERS v. LEXINGTON-FAYETTE URBAN CTY GOV.

No. 2005-SC-0748-I.

175 S.W.3d 569 (2005)

Warren P. ROGERS; Joseph K. Jarboe; Kathy Gornik and Kentucky-American Water Company, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Teresa A. Isaac, in Her Capacity as Mayor; Bill Cegelka, in the Capacity as a Member of the Lexington Fayette Urban County Council; George A. Brown, Jr., in the Capacity as a Member of the Lexington Fayette Urban County Council; Dick Decamp, in the Capacity as a Member of the Lexington Fayette Urban County Council; Chuck Ellinger II, in the Capacity as a Member of the Lexington Fayette Urban County Council; Bill Farmer, Jr., in the Capacity as a Member of the Lexington Fayette Urban County Council; Linda Gorton, in the Capacity as a Member of the Lexington Fayette Urban County Council; George Myers, in the Capacity as a Member of the Lexington Fayette Urban County Council; Jay McChord, in the Capacity as a Member of the Lexington Fayette Urban County Council; Kevin Stinnett, in the Capacity as a Member of the Lexington Fayette Urban County Council; Richard Moloney, in the Capacity as a Member of the Lexington Fayette Urban County Council; Ed Lane, in the Capacity as a Member of the Lexington Fayette Urban County Council; Mike Scanlon, in the Capacity as a Member of the Lexington Fayette Urban County Council; Sandy Shafer, in the Capacity as a Member of the Lexington Fayette Urban County Council; David B. Stevens, in the Capacity as a Member of the Lexington Fayette Urban County Council; Jacques Wigginton, in the Capacity as a Member of the Lexington Fayette Urban County Council; Donald W. Blevins, Fayette County Clerk; Bluegrass Flow, Inc.; Joe B. Hall; Jennifer Mossotti; Harry N. Sykes; Vanmeter Petit; and Robert R. Jefferson, Appellees.

Supreme Court of Kentucky.

October 13, 2005.


Attorney(s) appearing for the Case

Robert E. Wier, Ransdell & Wier PLLC, Hanly Acton Ingram, Lindsey W. Ingram, Jr., William M. Lear, Jr., Steven B. Loy, Stoll, Keenon & Park, Lexington, for Appellants.

Mary Ann Delaney, David L. Holmes, Leslye M. Bowman, David Jeffrey Barberie, Lexington-Fayette Urban County Gov't, William R. Garmer, Garmer & O'Brien, PLLC, Jane E. Graham, Henry, Watz, Gardner, Sellars & Gardner, Edwin Foster Ockerman, Jr., Martin, Ockerman & Brabant, Julius Rather, Denny, Morgan, Rather & Gilbert, Lexington, for Appellees.


OPINION AND ORDER

The appellants seek review from a decision of a panel of the Court of Appeals which denied their motion for relief under CR 65.08. The Court of Appeals also denied their motion for oral argument; denied their motion to strike exhibits; and denied their motion for recommendation of transfer.

The appellants, pursuant to CR 65.09 and 76.22, move this Court to grant expedited interlocutory relief, pending appeal, to enjoin the Lexington-Fayette...

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