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CUNNINGHAM v. WHALEN

Nos. 2010-SC-000564-DG, 2011-SC-000174-DG.

373 S.W.3d 438 (2012)

Harold Gene CUNNINGHAM, et al., Appellants/Cross-Appellees v. Diane WHALEN, et al., Appellees/Cross-Appellants.

Supreme Court of Kentucky.

August 23, 2012.

Attorney(s) appearing for the Case

Teresa Lyn Cunningham , Florence, KY, Counsel for appellants/cross-appellees.

Hugh O. Skees , Skees, Wilson & Dillon, PLLC, Florence, KY, Thomas Anthony Sweeney , Sweeney & Fiser, PLLC, Springs, KY, Counsel for appellees/cross-appellants, Diane Whalen, City Council, Julie Metzger, Ted Bushelman, Mel Carroll, Betsey Conrad, And David A. Osborne.

Michael Taylor McKinney , Burlington, KY, Counsel for appellees/cross-appellants, Eighteen, Ltd.; Dennis Helmer; Gayle S. Helmer; David L. Helmer; and Sandra G. Helmer.

Opinion of the Court by Justice SCHRODER.

We granted discretionary review in this case to decide whether the City of Florence, Kentucky, violated the Open Meetings Act (KRS 61.800 et seq.) when it agreed in private discussions to settle a pending lawsuit in a zoning matter, when the settlement itself was voted on in an open meeting. Because the Open Meetings Act specifically allows for private discussions of pending (or proposed) litigation (KRS 61.810(1)(c)), the...

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