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2020 SC 0313 Briefing Order
2020 SC 0313 Briefing Order
2020 SC 0313 Briefing Order
2020-SC-0313-OA
2020-SC-0331-T
AND
Thereafter, this Court, pursuant to its authority under Section 110 of the
Kentucky Constitution, stayed “all orders of injunctive relief until such time as
the various orders” could properly come before the Court “with a full record of
any evidence and pleadings considered by the lower courts,” and directed that
“[t]he Boone and Scott Circuit Courts may proceed . . . and issue all findings of
fact and conclusions of law they find appropriate but no order, however
characterized, shall be effective.” Any order entered by a lower court was to “be
The effect of our July 17 Order was three-fold: (1) it halted the escalating
requests for intermediate and writ relief being sought in this Court and the
appeals of injunctive relief); except that, (3) our Order, given the significance of
Court. In this way, the record on appeal would be more robust and the trial
court could make findings of fact and conclusions of law as needed, before
2
restraining order, under CR 65.03(1), requires that the movant demonstrate
that a right belonging to them “[is] being or will be violated by the adverse
party,” and that the movant “will suffer immediate and irreparable injury, loss
also that a “substantial question exists” regarding the merits of the movant’s
underlying claims. Maupin v. Stansbury, 575 S.W.2d 695, 699 (Ky. App. 1978).
By directing these matters to proceed as the Court did, this Court will have the
opportunity to review the underlying merits of the legal claims made by the
executive power, which is likely the determinative issue in the cases below.
At the time these matters were previously before the Court, only
claims and defenses of the parties on the merits had taken place at the trial
court level. This Court did not want to engage in a cursory review of claims of
record addressing the merits of the underlying claims. Since entry of this
Court’s July 17 Order, circumstances have changed, and these matters are ripe
3
Based on the foregoing, the Court hereby finds and orders as follows:
2020, the Boone Circuit Court held that it would have “granted the temporary
With entry of the Boone Circuit Court’s July 20 Order, that matter is ripe
for review by this Court. The entire record in this matter shall be certified to
this Court by the Boone Circuit Clerk within 10 days of the date of this Order,
A. All parties shall submit their first brief, not to exceed 65 pages, to
the Clerk of the Supreme Court no later than August 28, 2020.
pages, to the Clerk of the Supreme Court no later than September 8, 2020. No
2020 at the hour of 10:00 a.m. Parties are advised oral argument may be
D. The parties shall file a Notice of Issues stating, in order, the issues
to be orally argued by September 14, 2020. For each issue identified in the
Notice, the party shall identify the specific section in the party’s brief which
2. Scott Circuit Court No. 20-CI-00376: The Scott Circuit Court has
not entered any further orders in this case since its July 9, 2020 Temporary
Restraining Order. Although this case was consolidated with the Boone Circuit
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Court Case by the Court of Appeals1 for the purposes of judicial economy, we
find that these cases are no longer similarly situated considering the continued
activity in the Boone Circuit Court matter. Given the need to expeditiously
resolve the immediate competing interests in the Boone Circuit Court action,
the Court hereby deconsolidates the Scott Circuit Court matter from that
action.
The Court hereby directs the Clerk of the Supreme Court to open a
separate file for the Scott County matter and to place that original action in
abeyance pending the resolution of the Boone Circuit Court case, or pending
This Court’s previous Order staying injunctive relief in the lower courts
pursuant to Section 110 of the Kentucky Constitution shall continue, but the
Scott Circuit Court may proceed with matters before it and issue all findings of
fact and conclusions of law it finds appropriate. Any orders issued in that case
Court. Further scheduling orders by this Court in that case will be issued
17 Order, this Court has now received from the Court of Appeals2 a
1
As stated in that court’s Order, “[t]hough these original actions began in separate
circuit courts of the Commonwealth, the respective petitions and motions for relief present the
same issue and involve many of the same parties. For these reasons, and for the conservation
of judicial resources, we have consolidated the cases for purposes of review and adjudication.”)
2020-CA-0834 and 2020-CA-0849.
2 2020-CA-0349.
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recommendation to transfer in a separate appeal arising from the denial of a
00678. The Court of Appeals has recommended we accept this appeal pursuant
to CR 74.02(5) on the basis that the case is of great and immediate public
importance.
abeyance pending the outcome of the review of the July 20, 2020 order of the
Boone Circuit Court; provided, however, that if the parties believe the
resolution of this appeal is integral to the other pending issues in that action, a
IT IS SO ORDERED.
______________________________
CHIEF JUSTICE