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BESHEAR v. RIDGEWAY PROPERTIES, LLC

2021-SC-0228-I.

647 S.W.3d 170 (2022)

Andy BESHEAR, in His Official Capacity as Governor of the Commonwealth of Kentucky; Eric Friedlander, in His Official Capacity as Secretary of the Cabinet for Health and Family Services; and Steven Stack, in His Official Capacity as Commissioner of the Kentucky Department for Public Health, Appellants v. RIDGEWAY PROPERTIES, LLC d/b/a Beans Cafe & Bakery and Commonwealth of Kentucky ex rel. Daniel Cameron in His Official Capacity as Attorney General, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 16, 2022.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Amy Denise Cubbage , Kentucky Public Service Commission, Wesley Warden Duke , Kentucky Cabinet for Health and Family Services, Office of Legal Services, Steve Travis Mayo , Chief Deputy General Counsel, Marc Griffin Farris , David Thomas Lovely , Taylor Allen Payne , Laura Crittenden Tipton , Deputy General Counsel, Office of the Governor.

COUNSEL FOR APPELLEE, RIDGEWAY PROPERTIES, LLC D/B/A BEANS CAFE & BAKERY: Thomas Bearnard Bruns , Bruns Connell Vollmar & Arms, LLC, Zachary Gottesman , Gottesman & Associates, Christopher David Wiest .

COUNSEL FOR APPELLEE, COMMONWEALTH OF KENTUCKY EX REL. DANIEL CAMERON IN HIS CAPACITY OF ATTORNEY GENERAL: Heather Lynn Becker , Brian Lee Dunn , Matthew Franklin Kuhn , Marc Edwin Manley , Stephen Chad Meredith , Brett Robert Nolan , Aaron John Silletto , Prospect, Assistant Attorneys General, Office of the Attorney General.

A plaintiff with standing is essential to a court's exercise of jurisdiction. Without a party with an actual or imminent injury caused by a defendant and redressable by the court, the "justiciable cause" required by Section 112(5) of the Kentucky Constitution does not exist. Despite the allegations in Plaintiff...

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