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LOUISVILLE/JEFFERSON v. METRO LOUISVILLE

No. 2008-CA-000377-MR.

297 S.W.3d 42 (2009)

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT; Louisville Metro Council; Mayor Jerry E. Abramson; and Louisville Metro Health Department, Appellants, v. METRO LOUISVILLE HOSPITALITY COALITION, INC.; Highview Manor Associates, LLC, d/b/a Hi View Manor Bingo; National Leasing, Inc., d/b/a Jeffersontown Bingo Hall; Lorena, Inc., d/b/a New Silver Heights Bingo; Greenwood Rollerdrome, Inc., d/b/a Greenwood Bingo; R.H. Construction, Inc., d/b/a Big Dixie Bingo; Sunshine Bingo Center, LLC; And Kentucky Charitable Gaming Association, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted by Supreme Court May 13, 2009.

Discretionary Review Denied by Supreme Court November 18, 2009.

Attorney(s) appearing for the Case

Irv Maze, N. Scott Lilly, William P. O'Brien, David Sexton, Patrick Mulvihill, Louisville, KY, for appellant.

Michael R. Wilson, John R. Wilson, Louisville, KY, for appellees.

Before MOORE, TAYLOR and VANMETER, Judges.

OPINION AND ORDER

MOORE, Judge.

Louisville/Jefferson County Metro Council appeals the Opinion and Order of Jefferson Circuit Court's ruling of invalidity of the severability clause adopted in Ordinance 189 (the "Smoke Free Law") amending Chapter 90 of the Louisville Metro Code of Ordinances. Consequently, the severability clause being ruled invalid, the circuit court struck the Smoke Free Law in its entirety due to an unconstitutional provision exempting...

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