Commonwealth ex rel. Beshear v. Commonwealth Office of the Governor ex rel. Bevin

498 S.W.3d 355 (2016)

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Commonwealth ex rel. Beshear v. Commonwealth Office of the Governor ex rel. Bevin

Kentucky Supreme Court
498 S.W.3d 355 (2016)

Facts

During the state budgeting process, Kentucky’s state legislature appropriated, or allocated, certain funds to the state’s universities, with the appropriations to be distributed in quarterly allotments during the fiscal year. In 2016, Matt Bevin (defendant) became governor. He ordered a 4.5 percent budget reduction across the executive branch for the fourth quarter. To achieve that reduction, the governor reduced the fourth-quarter allotment to the state’s universities by 2 percent, essentially preventing the universities from accessing appropriated funds. The state’s attorney general, Andy Beshear (plaintiff) sued Bevin and other executive-branch officials (defendants), seeking a declaratory judgment that Bevin lacked the authority to prevent the universities from accessing appropriated funds. Bevin moved to dismiss, arguing that Beshear lacked standing to bring the claim and that the budget reduction was legal. The trial court granted summary judgment in Bevin’s favor, holding that he had the authority to implement the budget reductions. The Kentucky Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Noble, J.)

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