Lewis v. Jackson Energy Cooperative Corp.

Dissenting opinion by Justice ROACH.

The interpretation of KRS 279.020 is a difficult matter. The statute is not particularly well drafted. I believe the majority has made a reasonable interpretation of the law and, were it not for the 1974 amendments to the statute, I would likely join their opinion. Prior to 1974, KRS 279.020 read as follows:

Any five or more natural persons a majority of whom are citizens of Kentucky, may, by executing, filing and recording articles of incorporation as provided in KRS 279.080 and KRS 279.040, form a nonprofit cooperative corporation for either of the…