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BD. OF REGENTS OF KENTUCKY v. FARRELL

Nos. 2012-CA-001367-MR, 2012-CA-001480-MR.

443 S.W.3d 12 (2014)

The BOARD OF REGENTS OF KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM; and Michael B. McCall, In His Official Capacity as President and Chief Executive Officer of the Kentucky Community and Technical College System, Appellants v. Renee FARRELL; Samir Azer; Ginger S. Backer; Ann Boyd; Jerome M. Ennis; Connie Hill; David Hume; Todd Johnson; Kenneth Jones; Kim Klump; Cindy Sue Owen; Mary Pawlowski; Tabathia Roark; Terri Weston; Robert M. Williams-Neal; Brian S. Mullins; Stephanie B. Davis; Lisa Morse; Jean P. Abney; Ann E. Arnold; Mary Cannon; Melissa Cantrell; Neil Carrington; Jacqueline L. Day; Mary Beth Gay; Barbara Harris; Marilyn B. Holderman; Jennifer W. Leith; Ginger A. Mitchell; Genise Orberson; Carla J. Prater; Vikki S. Rehberg; Karen Schulz; Jennifer Sinclair-Hutchins; Byron Wilson; David F. Pepper; Carla Raley-Wallace; Barry Porter; Amye L. Toms; Vicki Rollins; Charles W. Ludwig; John Shelburne; Marsha Bledsoe; Chalmer L. Cloud; Larry Johnson; And Charles Dennis Lawrey, Appellees and Steven L. Beshear, In His Official Capacity As Governor of the Commonwealth Of Kentucky; Timothy Longmeyer, In His Official Capacity As Secretary of the Kentucky Personnel Cabinet; Joseph U. Meyer, In His Official Capacity As Secretary of the Kentucky Education and Workforce Development Cabinet; Terry Holliday, In His Official Capacity As Commissioner of the Kentucky Department Of Education; J. Michael Brown, In His Official Capacity As Secretary Of The Kentucky Justice and Public Safety Cabinet; And Lori H. Flanery, In Her Official Capacity As Secretary of The Kentucky Finance And Administration Cabinet, Appellants v. Renee Farrell; Samir Azer; Ginger S. Backer; Ann Boyd; Jerome M. Ennis; Connie Hill; David Hume; Todd Johnson; Kenneth Jones; Kim Klump; Cindy Sue Owen; Mary Pawlowski; Tabathia Roark; Terri Weston; Robert M. Williams-Neal; Brian S. Mullins; Stephanie B. Davis; Lisa Morse; Jean P. Abney; Ann E. Arnold; Mary Cannon; Melissa Cantrell; Neil Carrington; Jacqueline L. Day; Mary Beth Gay; Barbara Harris; Marilyn B. Holderman; Jennifer W. Leith; Ginger A. Mitchell; Genise Orberson; Carla J. Prater; Vikki S. Rehberg; Karen Schulz; Jennifer Sinclair-Hutchins; Byron Wilson; David F. Pepper; Carla Raley-Wallace; Barry Porter; Amye L. Toms; Vicki Rollins; Charles W. Ludwig; John Shelburne; Marsha Bledsoe; Chalmer L. Cloud; Larry Johnson; And Charles Dennis Lawrey, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 2, 2014.

Attorney(s) appearing for the Case

Stephen G. Amato , Brittany B. Koch (argued), Lexington, KY, for Appellants, Board of Regents of Kentucky Community and Technical College System; and Michael B. McCall, In His Official Capacity As President and Chief Executive Officer of The Kentucky Community and Technical College System.

Dinah T. Bevington (argued), Frankfort, KY, for All Other Appellants.

JoEllen S. McComb (argued), Lexington, KY, for Appellees.

Before LAMBERT, MAZE, And MOORE, Judges.

OPINION

MOORE, Judge:

The above-captioned appellants appeal a declaratory judgment entered in favor of the above-captioned appellees by the Franklin Circuit Court. For the reasons specified below, we affirm in part and reverse in part.

RELEVANT FACTUAL AND PROCEDURAL HISTORY

The general background of this case was summarized by the circuit court as follows:

House Bill 1 ("HB 1"), the Executive Branch Budget Bill for the...

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