Opinion

Lexington-Fayette Urban County Government v. Smolcic

  • 142 S.W.3d 128
  • 2004 Ky. LEXIS 182
  • 2004 WL 1906882
Court
Kentucky Supreme Court
Filed
Aug 26, 2004
Status
Published
Author
Lambert
On the bench
Johnstone, Cooper, Graves, Lambert, Stumbo, Wintersheimer, Keller
Cited by
72 cases
Authority
More cited than 10.1%

holding that the Lexington-Fayette Urban County Government was entitled to sovereign immunity

How later courts described this case

  • holding that the Lexington-Fayette Urban County Government was entitled to sovereign immunity
  • finding that Lexington-Fayette Urban County Government was immune from suit
  • noting that counties are “an arm or political subdivision of the Commonwealth.” (citing Monroe Cty. v. Rouse, 274 S.W.2d 477, 478 (Ky. 1955))
  • finding Lexington-Fayette Urban County Government immune from suit

Written by the judges who cited it.

The opinion

Opinion by

Chief Justice LAMBERT,

concurring in part and dissenting in part.

I concur with the Opinion of the Court except as to its conclusion that the Board of Claims does not have jurisdiction over Lexington-Fayette Urban County Government (LFUCG). My views were fully expressed in the dissent in Commonwealth, Board of Claims v. Harris, Ky., 59 S.W.3d 896 (2001), and I reiterate those views here.

STUMBO and WINTERSHEIMER, JJ., join.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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