Motor Vehicle Commission v. Hertz Corp.

HOWARD, Judge.

This is an appeal by the Motor Vehicle Commission (“Commission”) from summary judgment declaring its off-site sales regulation, as originally promulgated and as amended, unconstitutional. Under 605 KAR 1:150, the Commission attempted to regulate the sale of vehicles by established dealers that occur at temporary or off-site locations.

The regulation, as originally promulgated, became effective on October 9,1984. Seven days later, on October 16, 1984, the Hertz Corporation filed suit against the Commission challenging the constitutionality of the regulation. On February 11, 1985,…