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GREENE v. COM.

Nos. 2007-SC-000511-DG, 2008-SC-000783-DG.

349 S.W.3d 892 (2011)

Patricia GREENE, Thelma Cornelius, Sandy Wood Johnson, Anna Perkins, Dean Wood, Dorothy Wood, Lorella Wood and John C. Wood, Appellants, v. COMMONWEALTH of Kentucky, Administrative Office of the Courts; Honorable Jerry Winchester, Judge of McCreary Circuit Court; Charles E. King; and Kentucky Board of Claims, Appellees. and Commonwealth of Kentucky, Administrative Office of the Courts, Cross-Appellant, v. Patricia Greene, Thelma Cornelius, Sandy Wood Johnson, Anna Perkins, Dean Wood, Dorothy Wood, Lorella Wood, John C. Wood, Honorable Jerry Winchester, Judge of McCreary Circuit Court; Charles E. King; and Kentucky Board of Claims, Cross-Appellees.

Supreme Court of Kentucky.

September 22, 2011.

Attorney(s) appearing for the Case

Philip Gray Fairbanks , Austin Mehr Law Offices, PSC, Lexington, KY, Counsel for Appellant/Cross-Appellee, Patricia Greene.

Mendel Austin Mehr , Austin Mehr Law Offices, PSC, Lexington, KY, Counsel for Appellant/Cross-Appellee, Patricia Greene, Appellants/Cross-Appellees, Thelma Cornelius, Sandy Wood Johnson, Anna Perkins, Dean Wood, Dorothy Wood, Lorella Wood and John C. Wood.

James Michael Herrick , Assistant Attorney General, Civil and Environmental Law Division, Lisa Kathleen Lang , Assistant Attorney General, Frankfort, KY, Counsel for Appellees/Cross-Appellant, Commonwealth of Kentucky, Administrative Office of the Courts; and Cross-Appellees, Honorable Jerry Winchester, and Charles E. King.

George Mitchell Mattingly , Legal Counsel, Board of Claims, Frankfort, KY, Counsel for Appellee, Kentucky Board of Claims.

Opinion of the Court by Special Justice RHOADS.

This action is before the Court on discretionary review of whether the Board of Claims had jurisdiction over the Appellants' claims brought against Appellees pursuant to the Kentucky Board of Claims Act, KRS 44.070 et seq. Appellants consist of a group of heirs who were entitled to receive the net proceeds of a judicial sale of four tracts of land previously owned by John and Zola Wood. For reasons explained hereafter...

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