The Kentucky Attorney General issued these opinions and Open Records/Open Meetings decisions last week. The summaries are listed here. To read full decisions go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx
1.â19-ORD-161 (Franklin County)
Department of Corrections did not violated the Open Records Act by refusing to provide a record that did not contain a specific reference to the requesting inmate pursuant to KRS 197.025(2).
2.â19-ORD-162 (Lyon County)
Kentucky State Penitentiary did not violate the Open Records Act by failing to provide records that do not exist.
3.â19-OMD-163 (Barren County)
Inmate requester initiated his appeal prior to expiration of the five days, excluding weekends and holidays, in which Barren County Detention Center was required to issue a written response per KRS 197.025(7) to his July 16, 2019, request. Accordingly, his July 22, 2019, appeal was premature. Insofar as Barren County Detention Center ultimately provided the requester with a copy of all existing documents responsive to his request, any related issues are moot per 40 KAR 1:030, Section 6.
4.âOAG 19-014 (Marshall County)
Based on the guidance of Zeigler v. City of Ft. Mitchell, No. 2002-CA-002548-MR, 2004 WL 67686 (Ky. App. Jan. 16, 2004) (unpublished), it is the opinion of this office that a property owner may not convert his or her five (5) contiguous acres to "agricultural use" within the meaning of KRS 100.111(2) where preexisting zoning regulations prohibit such use. Thus, if the agricultural use of the property pre-dates the relevant zoning ordinance, the property is exempt from the zoning regulations. If, on the other hand, the zoning ordinance is in place before the property's agricultural use commences, the zoning regulations prevail.
