LOUISVILLE METRO HEALTH DEPARTMENT v. HIGHVIEW MANOR ASSOCIATION, LLC

No. 2008-SC-000599-DG.

LOUISVILLE METRO HEALTH DEPARTMENT, APPELLANT, v. HIGHVIEW MANOR ASSOCIATION, LLC, ET AL., APPELLEES.

Supreme Court of Kentucky.

August 26, 2010.


Attorney(s) appearing for the Case

Eamon Patrick Mulvihill, David A. Sexton, Assistant Jefferson County Attorneys, Fiscal Court Building, 531 Court Place, Suite 900, Louisville, KY 40202, Counsel for Appellant.

John Rollin Wilson, Michael Rollin Wilson, Ruck, Wilson, Helline & Brockman, PLLC, 6008 Brownsboro Park Blvd., Suite A, Louisville, KY 40207-1295, Counsel for Appellees.


OPINION OF THE COURT BY JUSTICE SCHRODER

The issue in this appeal is the scope of a district court's review of a decision of a local code enforcement board, i.e. whether that review is de novo or of the record for an abuse of discretion in the form of an administrative appeal. To answer this question, we must resolve a perceived conflict between Section 113 of the current Kentucky Constitution and KRS 24A.010(3), and KRS 65.8831(1).

In 2005, the Louisville...

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