guiding principle in Kentucky

2001While our decisions require construction in favor of constitutionality (citations omitted), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: “But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision.” Id. at 251 .

2001While our decisions require construction in favor of constitutionality (citations omitted), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: “But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision.” Id. at 251 .

2024And in Ball v. Oldham County Planning and Zoning Commission, 375 S.W.3d 79 (Ky. App. 2012), this Court provided additional guidance: In weighing the substantiality of the evidence supporting an administrative decision, “a reviewing court must hold fast to the guiding principle that the trier of facts is afforded great latitude in its evaluation of the 3 The record contains a November 18, 2019, email from attorney Nicholson to French informing him that two attachments were missing from the statement of appeal – the Zoning and Inspection Case Notes (11 pages) and Ms. Robbins’ November 16, 2007,

2022Troxel, 530 U.S. at 68-69 , 120 S. Ct. at 2061 .

2022Troxel, 530 U.S. at 68-69 , 120 S. Ct. at 2061 .

2020These two prongs should not be viewed as a rigid test but should instead be “treated as a guiding principle[.]” Id.

2001The court finds that the language in KRS 434.845(l)(c), without any differentiation between authorized and unauthorized altering, etc., does not provide explicit standards for the people who must apply the statute (i.e., police officers, prosecuting attorneys, juries and judges), see Foley, 798 S.W.2d at 951 , nor does it provide sufficient notice or warning about what conduct is prohibited.

1990While our decisions require construction in favor of constitutionality ( Sasaki v. Commonwealth, Ky.App., 485 S.W.2d 897 (1972); Fann v. McGuffey, Ky.App., 534 S.W.2d 770 (1975)), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: "But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing for a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision." Id. at 25

1990While our decisions require construction in favor of constitutionality (Sasaki v. Commonwealth, Ky.App., 485 S.W.2d 897 (1972); Fann v. McGuffey, Ky.App., 534 S.W.2d 770 (1975)), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: “But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing for a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision.” Id. at 251

1990While our decisions require construction in favor of constitutionality ( Sasaki v. Commonwealth, Ky.App., 485 S.W.2d 897 (1972); Fann v. McGuffey, Ky.App., 534 S.W.2d 770 (1975)), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: "But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing for a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision." Id. at 25

1990While our decisions require construction in favor of constitutionality (Sasaki v. Commonwealth, Ky.App., 485 S.W.2d 897 (1972); Fann v. McGuffey, Ky.App., 534 S.W.2d 770 (1975)), an oft-quoted admonition from Hatchett v. City of Glasgow, Ky., 340 S.W.2d 248 (1960), remains a guiding principle: “But where a statute on its face is intelligible, the courts are not at liberty to supply words or insert something or make additions which amount, as sometimes stated, to providing for a casus omissus, or cure an omission, however just or desirable it might be to supply an omitted provision.” Id. at 251

1988Such apportionment would not be permitted today, in my view, except for the guiding principle of Hilen v. Hays, supra, that liability should be apportioned according to fault and that the extent of liability should be related to the extent of fault.

1988Such apportionment would not be permitted today, in my view, except for the guiding principle of Hilen v. Hays, supra , that liability should be apportioned according to fault and that the extent of liability should be related to the extent of fault.

1948The guiding principle is thus stated in Barnett v. Barnett, 292 Ky. 840 , at page 843, 168 S. W. 2d 17 , 18: “The provision of Section 403.060, KRS, is that: ‘If the wife have not sufficient estate of her own she may, on a divorce obtained by her, have such allowance out of that of her husband as shall be deemed equitable. ’ “The interpretation of ‘sufficient estate of her own’ is that it shall be of such character and amount as will yield income or profits sufficient for her comfortable maintenance in a style suitable to her social standing.

1948The guiding principle is thus stated in Barnett v. Barnett, 292 Ky. 840 , at page 843, 168 S. W. 2d 17 , 18: “The provision of Section 403.060, KRS, is that: ‘If the wife have not sufficient estate of her own she may, on a divorce obtained by her, have such allowance out of that of her husband as shall be deemed equitable. ’ “The interpretation of ‘sufficient estate of her own’ is that it shall be of such character and amount as will yield income or profits sufficient for her comfortable maintenance in a style suitable to her social standing.

1947The guiding principle is thus stated in City of Paducah et al. v. Board of Education of Paducah, 289 Ky. 284 , page 288, 158 S. W. 2d 615 , page 416: “The board of education has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the governing authorities of the tax levying district can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within limits prescribed by the Constitut

1947The guiding principle is thus stated in City of Paducah et al. v. Board of Education of Paducah, 289 Ky. 284 , page 288, 158 S. W. 2d 615 , page 416: “The board of education has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the governing authorities of the tax levying district can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within limits prescribed by the Constitut

1947The guiding principle is thus stated in City of Paducah et al. v. Board of Education of Paducah, 289 Ky. 284 , page 288, 158 S. W. 2d 615 , page 416: “The board of education has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the governing authorities of the tax levying district can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within limits prescribed by the Constitut

1947The guiding principle is thus stated in City of Paducah et al. v. Board of Education of Paducah, 289 Ky. 284 , page 288, 158 S. W. 2d 615 , page 416: “The board of education has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the governing authorities of the tax levying district can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within limits prescribed by the Constitut

1940Neutzel, County Clerk, v. Ryans, 184 Ky. 292 , 211 S. W. 852, 853 ; Wheeler v. Board of Commissioners of Hopkinsville, 245 Ky. 388 , 53 S. W. (2d) 740 .

1940Neutzel, County Clerk, v. Ryans, 184 Ky. 292 , 211 S. W. 852, 853 ; Wheeler v. Board of Commissioners of Hopkinsville, 245 Ky. 388 , 53 S. W. (2d) 740 .

1940Neutzel, County Clerk, v. Ryans, 184 Ky. 292 , 211 S. W. 852, 853 ; Wheeler v. Board of Commissioners of Hopkinsville, 245 Ky. 388 , 53 S. W. (2d) 740 .

1940Neutzel, County Clerk, v. Ryans, 184 Ky. 292 , 211 S. W. 852, 853 ; Wheeler v. Board of Commissioners of Hopkinsville, 245 Ky. 388 , 53 S. W. (2d) 740 .