COM. v. LOUISVILLE ATLANTIS COMMUNITY

Nos. 95-CA-2787-MR, 95-CA-3087-MR.

971 S.W.2d 810 (1997)

COMMONWEALTH of Kentucky; Chris Gorman, as Attorney General of Kentucky; Paul F. Isaacs, as Secretary of the Justice Cabinet; Division of Charitable Gaming of the Kentucky Justice Cabinet; Chris Johnson, as Director of the Division of Charitable Gaming; and Nicholas N. King, as Commonwealth Attorney for the 30th Judicial District, Appellants, v. LOUISVILLE ATLANTIS COMMUNITY/ADAPT, INC.; USO of Kentucky, Inc.; Daughters of Jerusalem, Inc.; Willa Mae Council Housing Corporation; Spirit of Peace Missionary Baptist Church, Inc.; Reverend R. Z. Miller; and Foster V. Jones, Jr.; Dupont Manual High School Alumni Association, Inc.; Dupont Manual High School Alumni Athletic Auxiliary; Jonathan Creek Rod & Gun Club, Inc.; the Jonathan Creek Rod & Gun Club Scholarship Auxiliary, Appellees. Foster V. JONES, Jr.; Dupont Manual High School Alumni Association, Inc.; Dupont Manual High School Alumni Athletic Auxiliary; Jonathan Creek Rod & Gun Club, Inc.; The Jonathan Creek Rod & Gun Club Scholarship Auxiliary; USO of Kentucky, Inc.; Daughters of Jerusalem, Inc.; and Willa Mae Council Housing Corporation, Cross-Appellants, v. COMMONWEALTH of Kentucky, Chris Gorman, as Attorney General of Kentucky; Paul F. Isaacs; as Secretary of the Justice Cabinet; Kentucky Justice Cabinet; Division of Charitable Gaming of the Justice Cabinet; Chris Johnson, as Director of the Division of Charitable Gaming; and Nicholas King, as Commonwealth Attorney for the 30th Judicial District, Cross/Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 14, 1997.

Discretionary Review Denied by Supreme Court June 10, 1998.


Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Robert V. Bullock, Assistant Attorney General, Frankfort, for Appellants/Cross-Appellees.

Foster V. Jones, Jr., Louisville, pro se.

Michael L. Allen, Louisville, for Appellees/Cross-Appellants.

Before BUCKINGHAM, HUDDLESTON and KNOPF, JJ.


BUCKINGHAM, Judge.

Various charitable organizations filed declaratory judgment actions, which were consolidated, in the Jefferson Circuit Court to determine the constitutionality of various portions of the Charitable Gaming Act (KRS 238.500 -.995).1 The trial court found parts of the Act constitutional and other parts unconstitutional. Having considered the arguments of counsel and the applicable...

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