Kentucky Court of Justice
Court of Appeals to hear Powell County civil case Jan. 30 in Stanton
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear a Powell County civil case on appeal when it convenes Monday, Jan. 30, in Stanton. Proceedings are open to the public and will begin at 11:45 a.m. EST in the Circuit Courtroom of the Powell County Courthouse at 525 Washington St.
A three-judge panel comprised of Court of Appeals Judges Sara Walter Combs, Michelle M. Keller and Janet L. Stumbo will hear oral arguments in the case.
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.
To see more information on a case, such as the Court of Appeals step sheet for the case, input the case number on the Court of Appeals cases page.
MONDAY, JAN. 30, 2012
DELLA SUE WILLIAMS ET AL. v DEPARTMENT OF HIGHWAYS TRANSPORTATION CABINET (COMMONWEALTH OF KENTUCKY) ET AL.
Summary: Civil. This is a matter-of-right appeal from a grant of summary judgment. In this condemnation suit, property ownership is in dispute on the basis of adverse possession by one of the co-tenants. At issue in the appeal is whether the summary judgment is supported by the record and whether, in a condemnation case for a small portion of land, ownership of the whole can be litigated or whether adverse possession can be applied to only part of a tract of land. Judge Stumbo will preside.
Powell County judge who presided in the case – Judge Frank A. Fletcher
Appellants’ attorney: Jessica Newman (representing Della Sue Williams, Gary Wayne Williams, Rebecca Johnson, Chris Johnson, Lisa Conley Irwin, William Luxon and Margaret Jo Conley Luxon)
Appellees’ attorneys: Jesse Rowe II (representing Transportation Cabinet, Department of Highways), B. Graham and David Ward (representing John Kennon and Mary Helen Kennon)
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.