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KENTUCKY HERITAGE LAND v. LOUISVILLE GAS

No. 2020-CA-0882-MR.

648 S.W.3d 76 (2022)

Commonwealth of Kentucky, KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD, Appellant v. LOUISVILLE GAS AND ELECTRIC COMPANY; Isaac W. Bernheim Foundation; and East Kentucky Power Cooperative, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 10, 2022.

Attorney(s) appearing for the Case

BRIEFS FOR APPELLANT: Timothy J. Mayer , Kathleen Saunier , Frankfort, Kentucky.

ORAL ARGUMENT FOR APPELLANT: Timothy J. Mayer , Frankfort, Kentucky.

BRIEF AND ORAL ARGUMENT FOR APPELLEE LOUISVILLE GAS AND ELECTRIC COMPANY: Monica H. Braun , Steven B. Loy , Mary Ellen Wimberly , Lexington, Kentucky.

BRIEF FOR APPELLEE ISAAC W. BERNHEIM FOUNDATION: Tom FitzGerald , Frankfort, Kentucky, Randal A. Strobo , Clay A. Barkley , Louisville, Kentucky.

ORAL ARGUMENT FOR APPELLEE ISAAC W. BERNHEIM FOUNDATION: Tom FitzGerald , Frankfort, Kentucky.

BEFORE: ACREE, CETRULO, AND MAZE, JUDGES.

OPINION

We commence our discussion of this interlocutory appeal by emphasizing what this case is not about. It is not about whether Louisville Gas and Electric Company (LG&E) has the right to take a portion of property owned by the Isaac W. Bernheim Foundation (Bernheim) for the construction of an underground natural gas...

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