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PRESBYTERIAN CHILD WELFARE v. NELSON COUNTY BD.

Civil Action No. 3:00CV-328-H.

185 F.Supp.2d 716 (2001)

PRESBYTERIAN CHILD WELFARE AGENCY OF BUCKHORN, KENTUCKY, INC., Plaintiff, v. NELSON COUNTY BOARD OF ADJUSTMENT, et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

June 22, 2001.

Attorney(s) appearing for the Case

Paul Baker Whitty, Michael F. Tigue, Elizabeth S. Gray, Greenebaum Doll & McDonald, Louisville, KY, for plaintiff.

Michael E. Coen, Fulton, Hubbard & Hubbard, Bardstown, KY, Dave Whalin, Landrum & Shouse, Louisville, KY, for defendants.

MEMORANDUM OPINION

HEYBURN, District Judge.

The parties have filed cross motions for summary judgment and partial summary judgment. In Count I of the complaint, Plaintiff, Presbyterian Child Welfare Agency ("PCWA"), seeks a declaration that it is an "instrumentality of state government," immune from the decisions of local planning boards under Kentucky Revised Statute ("KRS") 100.361. In Count II, PCWA claims...

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