# Lewis v. Smothers

> Court of Appeals of Kentucky · January 20, 1984 · 663 S.W.2d 228

URL: https://www.frixlaw.com/law-library/cases/5060776

## Case

- **Full name:** Hon. Richard H. LEWIS, Commissioner, Department of Alcoholic Beverage Control Hon. Edward A. Farris, Distilled Spirits Administrator and Hon. John C. Crimmins, Malt Beverage Administrator, etc., Movants v. William SMOTHERS d/b/a Jane Todd Inn
- **Court:** Court of Appeals of Kentucky
- **Decided:** January 20, 1984
- **Citations:** 663 S.W.2d 228; 1984 Ky. App. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilhoit
- **Judges:** Dunn, Hoit, McDonald, Wil, Wilhoit
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5060776

## Opinion text

WILHOIT, Judge,
concurring.
I concur in Judge McDonald’s opinion that K.R.S. 243.580(3) does not violate the Kentucky Constitution as being an encroachment on the inherent authority of the courts in matters procedural. Here we are dealing with a statutory appeal from an administrative agency and not with an independent action originating in the Court of Justice. In such situations the Civil Rules themselves acknowledge that “procedural requirements of the statute shall prevail over any inconsistent procedures set forth in the Rules.” CR 1(2). This statute could hardly constitute an encroachment upon the procedural authority of the judicial branch in a situation where by its own Rules that branch of government has elected to defer to the legislative.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5060776. Public record. Not legal advice.