Wilcher v. International Environmental Technologies, Inc.

OPINION

VANMETER, Judge.

Under KRS 271B.16-010, et seq., a corporate shareholder has the right to inspect certain corporate records, and if a corporation refuses to permit inspection, the circuit court may summarily order inspection and award costs and reasonable attorney fees. The issue we must resolve is whether the filing of an action for inspection, resulting in the issuance of order of inspection, mandates the award of attorney fees under KRS 271B.16-040(3). As we hold that it does not, we affirm the order of the Boyle Circuit Court.

Gerald Wilcher was a shareholder in two corporations,…