# Lexington-Fayette Urban County Government v. Smolcic

> Kentucky Supreme Court · August 26, 2004 · 142 S.W.3d 128

URL: https://www.frixlaw.com/law-library/cases/9748484

## Case

- **Full name:** LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Ron Herrington, Individually; Jim Woods, Individually; Walter Hall, Jr., Individually; And Howard Huggins, Individually, Appellants, v. Dora SMOLCIC; Bojan Jurdana; Vesna Vasicek; Davor Vasicek; Marijana Meculj; Cara Rodgers; And Riverfront Group, Inc., Appellees; Dora Smolcic JURDANA; Bojan Jurdana; Davor Vasicek; And Marijana Meculj, Appellants, v. Cara RODGERS; The Riverfront Group, Inc.; And Lexington-Fayette Urban County Government, Appellees
- **Court:** Kentucky Supreme Court
- **Decided:** August 26, 2004
- **Citations:** 142 S.W.3d 128; 2004 Ky. LEXIS 182; 2004 WL 1906882
- **Precedential status:** Published
- **Opinion:** Concurring in part by Lambert
- **Judges:** Johnstone, Cooper, Graves, Lambert, Stumbo, Wintersheimer, Keller
- **Cited by:** 72 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/9748484

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9748484. Public record. Not legal advice.