McGINNIS v. COMMONWEALTH

No. 2010-CA-000893-DG.

WILL McGINNIS, APPELLANT, v. COMMONWEALTH OF KENTUCKY, APPELLEE.

Court of Appeals of Kentucky.

January 6, 2012.


Attorney(s) appearing for the Case

Will McGinnis , Pro se, Lexington, Kentucky, BRIEF AND ORAL ARGUMENT FOR APPELLANT:

Jack Conway Attorney General of Kentucky John R. Hayne , Special Assistant Attorney General, Lexington, Kentucky, BRIEF FOR APPELLEE.

John R. Hayne , Lexington, Kentucky ORAL ARGUMENT FOR APPELLEE.

BEFORE: DIXON, MOORE AND THOMPSON, JUDGES.


NOT TO BE PUBLISHED

OPINION

THOMPSON, JUDGE.

This appeal requires that we interpret a Lexington-Fayette Urban County Government (L-FUCG) noise ordinance. We conclude that the ordinance does not apply to the facts presented and reverse.

On Friday, August 7, 2009, at 11:34 p.m., Officer Dunn, a Lexington police officer, heard music playing at Club 9, a nightclub owned by Will McGinnis. The club is located at 934 Winchester Road, a zoned business...

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