Shawnee Telecom Resources, Inc. v. Brown

Opinion of the C.ourt by

Justice ABRAMSON.

Subtitle 13 of the Kentucky Business Corporation Act, Kentucky Revised Statutes (KRS) Chapter 271B, gives shareholders the right to dissent from certain significant corporate actions and to obtain “fair value” from the corporation for their shares. This Court has never addressed “fair value” in a dissenters’ rights action, leaving that issue to be governed for many years by the Court of Appeals decision in Ford v. Courier-Journal Job Printing Co., 639 S.W.2d 553 (Ky.App.1982), a dissenters’ rights action under a predecessor statute. Recently, in Brooks…