contemporaneous construction doctrine in Kentucky

12 Kentucky opinions name it 3 courts 1917–2025 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
GTE v. Revenue Cabinet, Commonwealth of Kentuckygreen ky · 1994 · cited in 4 Kentucky opinions naming this issue, 2005–2024 2 sentences 2009In GTE v. Revenue Cabinet, supra, this Court concluded that the Cabinet’s and taxpayers’ longstanding reading of KRS 141.120 was a reasonable one and, under the doctrine of contemporaneous construction, that reading had become binding on the Cabinet unless and until the General Assembly expressed a contrary intent. 2009In GTE v. Revenue Cabinet, supra , this Court concluded that the Cabinet's and taxpayers' longstanding reading of KRS 141.120 was a reasonable one and, under the doctrine of contemporaneous construction, that reading had become binding on the Cabinet unless and until the General Assembly expressed a contrary intent.	3	4
Miller v. Johnson Controls, Inc.green ky · 2009 · cited in 2 Kentucky opinions naming this issue, 2012–2024 2 sentences 2024Revenue Cabinet v. Lazarus, Inc., 49 S.W.3d 172, 174 (Ky. 2001) (citing GTE v. Revenue Cabinet, 889 S.W.2d 788, 792 (Ky. 1994), superseded by statute on other grounds as recognized in Miller v. Johnson Controls, Inc., 296 S.W.3d 392, 395 (Ky. 2009)). 2012GTE v. Revenue Cabinet, Commonwealth of Kentucky, 889 S.W.2d 788, 792 (Ky.1994) (superseded on other grounds by statute, as recognized by Miller v. Johnson Controls, 296 S.W.3d 392 (Ky.2009)).	1	2
Revenue Cabinet v. Lazarus, Inc.green ky · 2001 · cited in 2 Kentucky opinions naming this issue, 2015–2024 2 sentences 2024Revenue Cabinet v. Lazarus, Inc., 49 S.W.3d 172, 174 (Ky. 2001) (citing GTE v. Revenue Cabinet, 889 S.W.2d 788, 792 (Ky. 1994), superseded by statute on other grounds as recognized in Miller v. Johnson Controls, Inc., 296 S.W.3d 392, 395 (Ky. 2009)). 2015See Hagan v. Farris, 807 S.W.2d 488 (Ky.1991); Revenue Cabinet v. Lazarus, Inc., 49 S.W.3d 172, 174 (Ky.2001) (“The doctrine of contemporaneous construction means that where an administrative agency has the responsibility of interpreting a statute ... [it] is restricted to any longstanding construction of the provisions of the statute it has made previously.”).	1	2
Hagan v. Farrisgreen ky · 1991 · cited in 1 Kentucky opinions naming this issue, 2015–2015 1 sentence 2015See Hagan v. Farris, 807 S.W.2d 488 (Ky.1991); Revenue Cabinet v. Lazarus, Inc., 49 S.W.3d 172, 174 (Ky.2001) (“The doctrine of contemporaneous construction means that where an administrative agency has the responsibility of interpreting a statute ... [it] is restricted to any longstanding construction of the provisions of the statute it has made previously.”).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Revenue Cabinet v. Humana, Inc. green kyctapp · 1998 2 sentences 2025As the Humana Court explained, “[s]uch arbitrary and naked exercise of power is forbidden by the Constitution of Kentucky, §2; the contemporaneous construction doctrine is merely an application of that constitutional provision.” 998 S.W.2d at 495 . 2005Luke discusses the situation in Revenue Cabinet v. Humana, Inc., 998 S.W.2d 494 (Ky.App.1998), in support of its argument for the application of the doctrine of contemporaneous construction.	2	2005–2025
Grantz v. Grauman green kyctapphigh · 1957 1 sentence 1994“Practical construction of an ambiguous law by administrative officers continued without interruption for a very long period is entitled to controlling weight.” Grantz, supra. Here the term “taxpayer” is not defined in KRS .Chapter 141, and the ambiguity resulting therefrom requires an application of the doctrine of contemporaneous construction.	1	1994–1994
Adams v. Burke neutral kyctapphigh · 1948 2 sentences 1949Burbank v. Sinclair Prairie Oil Co., 304 Ky. 833 , 202 S. W. 2d 420, 421 . 483 Plaintiffs argue that Adams v. Burke, 308 Ky. 722 , 215 S. W. 2d 531 , is controlling’ here. 1949Burbank v. Sinclair Prairie Oil Co., 304 Ky. 833 , 202 S. W. 2d 420, 421 . 483 Plaintiffs argue that Adams v. Burke, 308 Ky. 722 , 215 S. W. 2d 531 , is controlling’ here.	1	1949–1949
Burbank v. Sinclair Prairie Oil Co. green kyctapphigh · 1946 2 sentences 1949Burbank v. Sinclair Prairie Oil Co., 304 Ky. 833 , 202 S. W. 2d 420, 421 . 483 Plaintiffs argue that Adams v. Burke, 308 Ky. 722 , 215 S. W. 2d 531 , is controlling’ here. 1949Burbank v. Sinclair Prairie Oil Co., 304 Ky. 833 , 202 S. W. 2d 420, 421 . 483 Plaintiffs argue that Adams v. Burke, 308 Ky. 722 , 215 S. W. 2d 531 , is controlling’ here.	1	1949–1949
Commonwealth v. Gregory neutral kyctapp · 1905 2 sentences 1949It is urged by the plaintiffs, as appellees, that the statutes relating- to taxicabs requiring them to obtain permits have been in force since 1932 and that as con 482 strued by the Director from 1932 to 1945 no fee was required of taxicab operators in obtaining permits; and under the doctrine of contemporaneous construction, as interpreted in Com. v. Gregory, 121 Ky. 256 , 89 S. W. 168 , no such fee should now be required without the most cogent reasons. 1949It is urged by the plaintiffs, as appellees, that the statutes relating- to taxicabs requiring them to obtain permits have been in force since 1932 and that as con 482 strued by the Director from 1932 to 1945 no fee was required of taxicab operators in obtaining permits; and under the doctrine of contemporaneous construction, as interpreted in Com. v. Gregory, 121 Ky. 256 , 89 S. W. 168 , no such fee should now be required without the most cogent reasons.	1	1949–1949
Gilbert v. Greene green kyctapp · 1919 2 sentences 1938Gilbert v. Green, 185 Ky. 817 , 216 S. W. 105 ; Sewell v. Bennett, 187 Ky. 626 , 220 S. W. 517 . 1938Gilbert v. Green, 185 Ky. 817 , 216 S. W. 105 ; Sewell v. Bennett, 187 Ky. 626 , 220 S. W. 517 .	1	1938–1938
Sewell v. Bennett green kyctapp · 1920 2 sentences 1938Gilbert v. Green, 185 Ky. 817 , 216 S. W. 105 ; Sewell v. Bennett, 187 Ky. 626 , 220 S. W. 517 . 1938Gilbert v. Green, 185 Ky. 817 , 216 S. W. 105 ; Sewell v. Bennett, 187 Ky. 626 , 220 S. W. 517 .	1	1938–1938
Shelby v. Shelby green kyctapp · 1921 2 sentences 1938In Shelby v. Shelby, 192 Ky. 304 , 233 S. W. 726 , speaking of and analyzing the doctrine of contemporaneous construction, it is said (page 730): “But it is further insisted that the parties themselves by their contemporaneous acts and conduct construed the settlement deed as providing for only .joint occupancy and against separate occupancy, or the right of partition. 1938In Shelby v. Shelby, 192 Ky. 304 , 233 S. W. 726 , speaking of and analyzing the doctrine of contemporaneous construction, it is said (page 730): “But it is further insisted that the parties themselves by their contemporaneous acts and conduct construed the settlement deed as providing for only .joint occupancy and against separate occupancy, or the right of partition.	1	1938–1938
Chesbrough v. Northern Trust Co. green scotus · 1920 1 sentence 1929National Lead Co. v. U. S., 252 U. S. 140 , 40 S. Ct. 237 , 64 L.	1	1929–1929
National Lead Co. v. United States green scotus · 1920 2 sentences 1929National Lead Co. v. U. S., 252 U. S. 140 , 40 S. Ct. 237 , 64 L. 1929National Lead Co. v. U. S., 252 U. S. 140 , 40 S. Ct. 237 , 64 L.	1	1929–1929
Clark's Run & Salt River Turnpike Road Co. v. Commonwealth neutral · 1895 1 sentence 1917Finally, it is contended that the statute should be sustained under the doctrine of contemporaneous construction; and, in support of this proposition appellees rely upon Clark’s Run and Salt River Turnpike Road Co. v. Commonwealth, 96 Ky. 525 , and A. & M.	1	1917–1917
Agricultural & Mechanical College v. Hager green kyctapp · 1905 1 sentence 1917College v. Hager, Auditor, 121 Ky. 1 .	1	1917–1917

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 141.120 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 29 (1934–2018) KY 12 (1917–2025) IL 3 (1944–2012) FL 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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