MADISON COUNTY FISCAL v. KENTUCKY LABOR

No. 2010-SC-000322-TG.

352 S.W.3d 572 (2011)

MADISON COUNTY FISCAL COURT; Central Campbell County Fire District; City of Cynthiana; City of Danville; City of Florence; City of Georgetown; City of Glasgow; City of Nicholasville; City of Paris; City of Richmond; City Of Somerset; and City of Winchester, Appellants, v. KENTUCKY LABOR CABINET, J.R. Gray in His Official Capacity as Secretary of the Kentucky Labor Cabinet; Michael L. Dixon, In His Official Capacity as Commissioner of the Department of Workplace Standards of the Kentucky Labor Cabinet; Marjorie Arnold, In Her Official Capacity as Program Manager (Eastern), Wage and Hours of the Kentucky Labor Cabinet; Jerald Adkins, In His Official Capacity As Program Manager (Western), Wage and Hours of the Kentucky Labor Cabinet; Unnamed Complainants, Individually, Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 23, 2011.


Attorney(s) appearing for the Case

Douglas L. McSwain , Derrick Thomas Wright , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, for Madison County Fiscal Court; City of Cynthiana, City of Danville; City of Georgetown; City of Nicholasville; City Of Paris; City of Richmond; City of Somerset; and Central Campbell County Fire District.

Douglas L. McSwain , Derrick Thomas Wright , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, Steven Charles Martin , Matthew C. Smith , Ziegler & Schneider, PSC, Covington, KY, for City of Florence; and City of Glasgow.

Douglas L. McSwain , Derrick Thomas Wright , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, William A. Dykeman , Dykeman & Rosenthal, Winchester, KY, for City of Winchester.

David Nelson Shattuck , Melissa Jan Williamson , David O'Brien Suetholz , Kentucky Labor Cabinet, Office of General Counsel, Frankfort, KY, for Appellees.

Jeffrey C. Mando , Jennifer H. Langen , Adams, Stepner, Woltermann & Dusing, PLLC, Covington, KY, for the Kentucky League of Cities (Amicus Curiae).

Richard W. Martin , Martin & Vincent, PSC, Ashland, KY, for the City of Ashland (Amicus Curiae).

Paul Randall Collins , Hollon & Collins, Hazard, KY, for the City of Hazard (Amicus Curiae).

David Lyle Kelly , Denton & Keuler, LLP, Paducah, KY, for the City of Paducah (Amicus Curiae).


Opinion of the Court by Justice VENTERS.

Appellants, Madison County Fiscal Court, Central Campbell County Fire District and ten municipal corporations,1 appeal from a final order of the Franklin Circuit Court that held: 1) that the Kentucky Labor Cabinet had jurisdiction to pursue an administrative agency action against Appellants to collect, on behalf of firefighters employed by Appellants...

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