Kentucky River Foothills Development Council, Inc. v. Phirman

OPINION OF THE COURT BY

JUSTICE KELLER

Kentucky River Foothills Development Council, Inc.1 (Kentucky River), a commu*13nity action agency, filed a motion for summary judgment on the grounds that it is entitled to sovereign immunity. The Madison Circuit Court denied Kentucky River’s motion and the Court of Appeals affirmed. We granted discretionary review and, having reviewed the record and the parties’ arguments, we affirm the denial of summary judgment but for reasons that differ from those set forth by the circuit court and the Court of Appeals.

I. BACKGROUND.

For purposes of this appeal, the…