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07-065 - Johnson Controls, Inc. et al v. Commonwealth of Kentucky, Finance and Administration Cabinet et al


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07-065 - Johnson Controls, Inc. et al v. Commonwealth of Kentucky, Finance and Administration Cabinet et al
February 29, 2008
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OPINION AND ORDER: 1. The Dft Revenue Cabinet's Motion to Dismiss 18 is GRANTED; 2. The Dft Burnside and May's Motion to Dismiss 19 is GRANTED with respect to portion of Count One founded on section two of KY Constitution; the portion of Count Two founded on section three of the KY Constitution; Count Three; Count Four; Count Five; Count Six; Count Seven; and portions of Count Eight requesting relief enjoining the "processing" of Plffs' refund claims, and for the paying of all sums determined to be owed, along with statutory interest; and 3. The Dfts Burnside and May's Motion to Dismiss 19 is DENIED with respect to the portion of Count One founded on the Due Process Clauses of the Fifth and Fourteenth Amendments of the US Constitution; the portion of Count Two founded on the Equal Protection Clause of the Fourteenth Amendment to the US Constitution; the portions of Count Eight requesting relief enjoining the enforcement of H.B. 316, sections nine and ten (K.R.S. 134.580(9), (10); and portions of Count Eight requesting relief of declaring H.B. 316, sections nine and ten (K.R.S. 134.580(9), (10)) unconstitutional. Signed by Judge Karen K. Caldwell on 2/29/2008. (AKR)cc: COR