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ARKK PROPERTIES, LLC v. CAMERON

2023-SC-0196-OA.

681 S.W.3d 133 (2023)

ARKK PROPERTIES, LLC; B.J. Novelty, Inc.; the Cue Club, LLC; Home Run, LLC; Federal Post No. 313, the American Legion, Department of Kentucky, Inc.; MFPALMINVESTMENTS, LLC; Vincent Milano; Tanya Milano; and Pom of Kentucky, LLC, Petitioners v. Daniel J. CAMERON, in His Official Capacity as Attorney General of the Commonwealth of Kentucky; M. Katherine Bing, in Her Official Capacity as Interim Clerk of the Supreme Court of Kentucky; Kathryn Marshall, in Her Official Capacity as Franklin Circuit Court Clerk; and Phillip J. Shepherd, in His Official Capacity as Judge of the Franklin Circuit Court, Respondents.

Supreme Court of Kentucky.

October 26, 2023.

Attorney(s) appearing for the Case

COUNSEL FOR PETITIONERS: M. Evan Buckley , Lexington, R. Kenyon Meyer , Louisville, Dinsmore & Shohl, LLP, Richard M. Guarnieri , J. Guthrie True , True Guarnieri Ayer, LLP, Frankfort.

COUNSEL FOR RESPONDENT, DANIEL J. CAMERON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL: Victor Bruce Maddox , Deputy Attorney General, Matthew Franklin Kuhn , Solicitor General, Heather L. Becker , Executive Director, Alexander Y. Magera , Assistant Solicitor General.

RESPONDENTS: Kathryn Marshall, Pro se, Phillip J. Shepherd, Pro se, M. Katherine Bing, Pro se.

COUNSEL FOR AMICUS, AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY, ET AL: Heather Lynn Gatnarek , Corey M. Shapiro , Julie A. Murray , Matthew R. Segal , American Civil Liberties Union.

COUNSEL FOR AMICUS, DAVID OSBORNE, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE KENTUCKY HOUSE OF REPRESENTATIVES AND ROBERT STIVERS, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE KENTUCKY SENATE: D. Eric Lycan , General Counsel, Office of the Speaker of the House, David E. Fleenor , General Counsel, Office of the Senate President.

This original action comes before us on a Petition for Supervisory Writ under § 110(2)(a) of the Kentucky Constitution, which confers upon this Court the power to issue all writs as may be required to exercise control of the Court of Justice. The Petition follows the Franklin Circuit...

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