Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II

I must respectfully dissent from the majority’s opinion because, by allowing Petitioner Rosen’s action for declaratory judgment to proceed in Franklin Circuit Court, the majority contravenes the legislative intent behind KRS 118.176, which requires that a candidate’s qualifications for office must exclusively be determined by the court of the county in which the candidate resides. Moreover, the majority bases its decision on a questionable distinction between “constitutional” and bona fides claims, and it overlooks precedent from this Court holding that declaratory relief is unavailable when…