COM. EX REL BESHEAR v. COM. EX REL BEVIN

2016-SC-000272-TG (2016 CA-000738-MR) 2016-SC-000273-TG (2016-CA-000745-MR).

498 S.W.3d 355 (2016)

COMMONWEALTH of Kentucky, EX REL. Andy BESHEAR, Attorney General, Appellant v. COMMONWEALTH of Kentucky OFFICE OF THE GOVERNOR, EX REL. Matthew BEVIN, in his Official Capacity as Governor; Commonwealth of Kentucky Finance and Administration Cabinet, ex rel. William M. Landrum, in his Official Capacity as Secretary; Commonwealth of Kentucky Office of the State Budget Director, ex rel. John Chilton, in his Official Capacity as State Budget Director; Commonwealth of Kentucky Department of the Treasury, ex rel. Allison Ball, in her Official Capacity as Treasurer; Jim Wayne, in his Official Capacity as State Representative; Darryl Owens, in his Official Capacity as State Representative; Mary Lou Marzian, in her Official Capacity as State Representative, Appellees and Jim Wayne, in his Official Capacity as State Representative; Mary Lou Marzian, in her Official Capacity as State Representative; Darryl Owens, in his Official Capacity as State Representative, Appellants v. Commonwealth of Kentucky Office of the Governor, ex rel. Matthew Bevin, in his Official Capacity as Governor; Commonwealth of Kentucky Finance and Administration Cabinet, ex rel. William M. Landrum, in his Official Capacity as Secretary; Commonwealth of Kentucky Office of the State Budget Director, ex rel. John Chilton, in his Official Capacity as State Budget Director; Commonwealth of Kentucky Department of the Treasury, ex rel. Allison Ball, in her Official Capacity as Treasurer; Commonwealth of Kentucky, ex rel. Andy Beshear, Attorney General, Appellees.

Supreme Court of Kentucky.

RENDERED: SEPTEMBER 22, 2016.


Attorney(s) appearing for the Case

COUNSEL FOR COMMONWEALTH OF KENTUCKY, EX REL. ANDY BESHEAR, ATTORNEY GENERAL: Andy Beshear , Attorney General of Kentucky, John Michael Brown , Deputy Attorney General, La Tasha Arnae Buckner , Executive Director Civil Division, Mitchel Terence Denham , Assistant Deputy Attorney General, Joseph Newberg , Office of the Attorney General, Capitol Building, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601.

COUNSEL FOR COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR, EX REL. MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR; COMMONWEALTH OF KENTUCKY FINANCE AND ADMINISTRATION CABINET, EX REL. WILLIAM M. LANDRUM, IN HIS OFFICIAL CAPACITY AS SECRETARY; COMMONWEALTH OF KENTUCKY OFFICE OF THE STATE BUDGET DIRECTOR, EX REL. JOHN CHILTON, IN HIS OFFICIAL CAPACITY AS STATE BUDGET DIRECTOR: Michael T. Alexander , Mark Stephen Pitt , Stephen Chad Meredith , Office of the Governor, 700 Capital Avenue, Suite 101, Frankfort, Kentucky 40601.

COUNSEL FOR COMMONWEALTH OF KENTUCKY DEPARTMENT OF THE TREASURY, EX REL. ALLISON BALL, IN HER OFFICIAL CAPACITY AS TREASURER: Noah Robert Friend , 1050 U.S. Highway 127 South, Suite 100, Frankfort, Kentucky 40601.

COUNSEL FOR JIM WAYNE, IN HIS OFFICIAL CAPACITY AS STATE REPRESENTATIVE; DARRYL OWENS, IN HIS OFFICIAL CAPACITY AS STATE REPRESENTATIVE; MARY LOU MARZIAN, IN HER OFFICIAL CAPACITY AS STATE REPRESENTATIVE: Pierce Butler Whites , Speaker's Office, Senior Counsel, 303 Capitol Annex, Frankfort, Kentucky 40601.


This case presents two questions. First, does the Attorney General or an individual member of the General Assembly have standing to challenge the Governor's actions as violating a statute or the constitution? The Court concludes that the Attorney General has standing...

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