Justia Communications Law Opinion Summaries

Articles Posted in Kentucky Supreme Court
by
The Supreme Court affirmed the judgment of the court of appeals concluding that the circuit court had jurisdiction in this matter and denying a writ of prohibition preventing the circuit court from adjudicating an action filed by the Lexington Herald-Leader, holding that, as a matter of law, the circuit court had subject-matter jurisdiction over the underlying action filed by the Herald-Leader. In the underlying action, the Herald-Leader sought judicial review of the determination of the Kentucky Legislative Research Commission (LRC) that certain records requested by the Herald-Leader were not subject to disclosure under Kentucky's Open Records Act. Appellants, acting co-directors of the LRC, sought a writ of prohibition preventing the circuit court from adjudicating the action, asserting that the General Assembly had not granted the circuit court subject-matter jurisdiction to hear the merits of Herald-Leader's claims. The court of appeals denied the writ. The Supreme Court affirmed, holding (1) the circuit court had subject-matter jurisdiction to adjudicate the underlying case arising from the Herald-Leader's legislative records request; and (2) the trial court did not lack jurisdiction based on the separation of powers doctrine. View "Harrison v. Hon. Phillip J. Shepherd" on Justia Law

by
A provision in the Multichannel Video Programming and Communications Services Tax (the Telecom Tax) prohibiting “every political subdivision of the state” from collecting franchise fees or taxes on franchises subject to the Telecom Tax is unconstitutionally void as applied to protesting cities. Four Kentucky cities and the Kentucky League of Cities, Inc. (collectively, Cities) filed a petition for declaratory relief alleging that the Telecom Tax’s Prohibition Provision violated their right to grant franchises and to collect franchise fees as provided in sections 163 and 164 of the Kentucky Constitution. The circuit court dismissed the petition. The court of appeals vacated the judgment of the circuit court and remanded, concluding that the Telecom Tax’s Prohibition Provision violated sections 163 and 164. The Supreme Court affirmed, holding that the Telecom Tax’s Prohibition Provision was unconstitutionally void as applied to the Cities. View "Kentucky CATV Ass’n v. City of Florence" on Justia Law