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KENTUCKY REAL ESTATE v. HILLIARD FINANCIAL

No. 2007-CA-000861-MR.

246 S.W.3d 910 (2008)

KENTUCKY REAL ESTATE COMMISSION; Lois Disponett; Arvel McMahan; Delbert Perry; Michael E. Plummer; and Ron Smith, Appellants v. HILLIARD FINANCIAL, LLC, d/b/a Commission Express; and Commission Express National, Inc., Appellees.

Court of Appeals of Kentucky.

February 15, 2008.

Attorney(s) appearing for the Case

Geraldine Lee B. Harris, General Counsel, Kentucky Real Estate Commission, Louisville, KY, for Appellant.

Jan M. West, Jennifer K. Luhrs, Goldberg Simpson PSC, Louisville, KY, for Appellee.

Before LAMBERT and VANMETER, Judges; KNOPF, Senior Judge.

OPINION

LAMBERT, Judge.

The Kentucky Real Estate Commission appeals a declaratory judgment holding that the cash-advance business of Hillard Financial (d/b/a Commission Express) and Commission Express National, Inc., does not violate Kentucky's Real Estate Code. For the reasons herein, we affirm the judgment below.

Commission Express's Business Model

Commission Express is in the business of providing cash advances to real estate...

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