Overstreet v. Mayberry

• Decision Date: 09 July 2020
• Docket Number: 2019-SC-000041-TG,2019-SC-00042-TG
• Citation: Overstreet v. Mayberry, 603 S.W.3d 244 (Ky. 2020)
• Parties: Randy OVERSTREET; Bobby D. Henson; William S. Cook ; Timothy Longmeyer; Thomas Elliott; Jennifer Elliott ; and, Vince Lang, Appellants v. Jeffrey C. MAYBERRY, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Honorable Brandy O. Brown, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Martha Michelle Miller, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Steve Roberts, as Member and Beneficiary of Trust Funds on Behalf of The Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Teresa Stewart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Jason Lainhart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of The Commonwealth of Kentucky; Don. D. Coomer, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Ben Wyman, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; KKR & Co. L.P.; Henry R. Kravis; George R. Roberts; Prisma Capital Partners LP; Pacific Alternative Asset Management Company, LLC; Girish Reddy ; Jane Buchan ; Blackstone Group, L.P.; Blackstone Alternative Asset Management Company, L.P.; Steven A. Scharzman; J. Tomilson Hill; R.V. Kuhns & Associates, Inc.; Rebecca A. Gratsinger; Jim Voytko; Ice Miller, LLP; Cavanaugh Macdonald Consulting, LLC; Thomas J. Cavanaugh ; Todd B. Green; Alisa Bennett; Government Finance Officers Association; Kentucky Retirement Systems; David Peden; Brent Aldridge; T. J. Carlson ; and, William A. Thielen, Appellees Brent Aldridge; T.J. Carlson ; David Peden; and, William Thielen, Appellants v. Jeffrey C. Mayberry as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Honorable Brandy O. Brown, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Martha Michelle Miller, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Steve Roberts, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Teresa Stewart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Jason Lainhart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Don. D. Coomer, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Ben Wyman, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; KKR & Co. L.P.; Henry Kravis ; George Roberts; Prisma Capital Partners LP; Pacific Alternative Asset Management Company, LLC; Girish Reddy ; Jane Buchan ; Blackstone Group, L.P.; Blackstone Alternative Asset Management Company, L.P.; Steven A. Scharzman; J. Tomilson Hill; R.V. Kuhns & Associates, Inc.; Rebecca A. Gratsinger; Jim Voytko; Ice Miller, LLP; Cavanaugh Macdonald Consulting, LLC; Thomas Cavanaugh; Todd Green; Alisa Bennett; Government Finance Officers Association; Kentucky Retirement Systems; William S. Cook ; Randy Overstreet; Timothy Longmeyer; Bobby D. Henson; Thomas Elliott; Jennifer Elliott, and, Vince Lang, Appellees
• Court: Supreme Court of Kentucky

603 S.W.3d 244

Randy OVERSTREET; Bobby D. Henson; William S. Cook ; Timothy Longmeyer; Thomas Elliott; Jennifer Elliott ; and, Vince Lang, Appellants

v.Jeffrey C. MAYBERRY, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Honorable Brandy O. Brown, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Martha Michelle Miller, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Steve Roberts, as Member and Beneficiary of Trust Funds on Behalf of The Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Teresa Stewart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Jason Lainhart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of The Commonwealth of Kentucky; Don. D. Coomer, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Ben Wyman, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; KKR & Co. L.P.; Henry R. Kravis; George R. Roberts; Prisma Capital Partners LP; Pacific Alternative Asset Management Company, LLC; Girish Reddy ; Jane Buchan ; Blackstone Group, L.P.; Blackstone Alternative Asset Management Company, L.P.; Steven A. Scharzman; J. Tomilson Hill; R.V. Kuhns & Associates, Inc.; Rebecca A. Gratsinger; Jim Voytko; Ice Miller, LLP; Cavanaugh Macdonald Consulting, LLC; Thomas J. Cavanaugh ; Todd B. Green; Alisa Bennett; Government Finance Officers Association; Kentucky Retirement Systems; David Peden; Brent Aldridge; T. J. Carlson ; and, William A. Thielen, Appellees

Brent Aldridge; T.J. Carlson ; David Peden; and, William Thielen, Appellants

v.Jeffrey C. Mayberry as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Honorable Brandy O. Brown, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Martha Michelle Miller, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Steve Roberts, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Teresa Stewart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Jason Lainhart, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Don. D. Coomer, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; Ben Wyman, as Member and Beneficiary of Trust Funds on Behalf of the Kentucky Retirement Systems, and as Taxpayer on Behalf of the Commonwealth of Kentucky; KKR & Co. L.P.; Henry Kravis ; George Roberts; Prisma Capital Partners LP; Pacific Alternative Asset Management Company, LLC; Girish Reddy ; Jane Buchan ; Blackstone Group, L.P.; Blackstone Alternative Asset Management Company, L.P.; Steven A. Scharzman; J. Tomilson Hill; R.V. Kuhns & Associates, Inc.; Rebecca A. Gratsinger; Jim Voytko; Ice Miller, LLP; Cavanaugh Macdonald Consulting, LLC; Thomas Cavanaugh; Todd Green; Alisa Bennett; Government Finance Officers Association; Kentucky Retirement Systems; William S. Cook ; Randy Overstreet; Timothy Longmeyer; Bobby D. Henson; Thomas Elliott; Jennifer Elliott, and, Vince Lang, Appellees

2019-SC-000041-TG

2019-SC-00042-TG

Supreme Court of Kentucky.

JULY 9, 2020

COUNSEL FOR APPELLANTSRANDY OVERSTREET AND BOBBY D. HENSON: Richard M. Guarnieri, Frankfort, Philip Coleman Lawson, Lexington, True Guarnieri Ayer, LLP.

COUNSEL FOR APPELLANTWILLIAM S. COOK: Glen Alan Cohen, Lynn M. Watson, Louisville, Seiller Waterman, LLC.

COUNSEL FOR APPELLANTTIMOTHY LONGMEYER : Laurence John Zielke, John H. Dwyer Jr., Karen Campion Jaracz, Zielke Law Firm, PLLC, Louisville.

COUNSEL FOR APPELLANTTHOMAS ELLIOTT: Mark David Guilfoyle, Crestview Hills, J. Kent Wicker, Louisville, Patrick Raymond Hughes, Crestview Hills, Andrew Douglas Pellino, Louisville, Dressman, Benzinger & Lavelle, PSC.

COUNSEL FOR APPELLANTJENNIFER ELLIOTT : John Witt Phillips, Susan Daunhauer Phillips, David Sean Ragland, Phillips Parker Orberson & Arnett, PLC, Louisville.

COUNSEL FOR APPELLANTVINCE LANG: Brent L. Caldwell, Lexington, Caldwell Law Firm PLLC, Noel Embry Caldwell, Lexington, Noel Caldwell, Attorney at Law.

COUNSEL FOR BRENT ALDRIDGE: Michael L. Hawkins, Frankfort, Michael L. Hawkins & Associates, PLLC.

COUNSEL FOR T.J. CARLSON: Albert F. Grasch Jr., Lexington, John Melvin Camenisch Jr., James Wesley Harned, Lexington, Rose Grasch Camenisch Mains, PLLC.

COUNSEL FOR DAVID PEDEN: David J. Guarnieri, Jason Hollon, McBrayer McGinnis Leslie & Kirkland, PLLC, Lexington, Kenton Knickmeyer, Thompson Coburn LLP.

COUNSEL FOR WILLIAM A. THIELEN: Stewart Christopher Burch, Kevin Patrick Fox, Frankfort, Logan Burch & Fox.

COUNSEL FOR APPELLEESJEFFREY C. MAYBERRY AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; HONORABLE BRANDY O. BROWN, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; MARTHA MICHELLE MILLER, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; STEVE ROBERTS, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; AND, TERESA STEWART, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY: Jeffrey M. Walson, Walson Law-Consultancy-Mediation, Francis A. Bottini Jr., Michelle Ciccarelli Lerach, Albert Y. Chang, Bottini & Bottini, Inc., Jonathan W. Cuneo, Monica Miller, Cuneo Gilbert & Laduca, LLP, James Baskin III, Casey Dobson, Scott Douglass McConnico LLP, David Black, Louisville.

COUNSEL FOR JASON LAINHART, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; DON.D. COOMER, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY; AND, BEN WYMAN, AS MEMBER AND BENEFICIARY OF TRUST FUNDS ON BEHALF OF THE KENTUCKY RETIREMENT SYSTEMS, AND AS TAXPAYER ON BEHALF OF THE COMMONWEALTH OF KENTUCKY: Ann B. Oldfather, Louisville, Oldfather Law Firm, Michelle Ciccarelli Lerach, Bottini & Bottini, Inc., Vanessa B. Cantley, Patrick E. Markey, Bahe Cook Cantley & Nefzger, PLC, Johnathan W. Cuneo, Monica Miller, Cuneo Gilbert & LaDuca, LLP, David Black, Louisville, James Baskin III, Stanley Kuczaj, Sameer Hashmi, David Shank, Paige Amstutz, Jane Webre, Casey Dobson, Scott Douglass McConnico, LLP.

COUNSEL FOR APPELLEESKKR & CO., L. P., HENRY R. KRAVIS; AND, GEORGE R. ROBERTS: Barbara B. Edelman, Grahmn New Morgan, John Moose Spires, Lexington, Dinsmore & Shohl, LLP, Lexington, Barry Barnett, Abigail Noebels, Ryan Weiss, Steven Shepard, Susman Godfrey, LLP.

COUNSEL FOR APPELLEESPRISMA CAPITAL PARTNERS, LP, PACIFIC ALTERNATIVE ASSET MANAGEMENT COMPANY, LLC; GIRISH REDDY, AND, JANE BUCHAN: Barbara B. Edelman, Grahmn New Morgan, John Moose Spires, Dinsmore & Shohl, LLP, Lexington, Peter E. Kazanoff, Paul C. Curnin, David Elbaum, Michael J. Garvey, Sara A. Ricciardi, Michael S. Carnevale, Simpson Thacher & Barlett, LLP.

COUNSEL FOR APPELLEESBLACKSTONE GROUP, L.P., BLACKSTONE ALTERNATIVE ASSET MANAGEMENT COMPANY, L.P., STEVEN A. SCHARZMAN; AND, J. TOMILSON HILL: Virginia Hamilton Snell, Donald Joseph Kelly, Jordan White, Wyatt, Tarrant & Combs, LLP, Louisville, Brad S. Karp, Lorin L. Reisner, Andrew J. Ehrlich, Brette Tannenbaum, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

COUNSEL FOR APPELLEESR.V. KUHNS & ASSOCIATES, INC., REBECCA A. GRATSINGER; AND, JIM VOYTKO: Philip Wallace Collier, Thad Montgomery Barnes, Jeffrey Moad, Stites & Harbison PLLC, Louisville.

COUNSEL FOR APPELLEEICE MILLER, LLP: Susan J. Pope, Lexington, Cory Jay Skolnick, Louisville, Frost Brown Todd LLC.

COUNSEL FOR APPELLEESCAVANAUGH MACDONALD CONSULTING, LLC, THOMAS J. CAVANAUGH ; TODD B. GREEN ; AND, ALISA BENNETT: Charles E. English Jr., Elizabeth Kenly Ames, English, Lucas, Priest & Owsley, Robert G. Brazier, Steven G. Hall, Baker Donelson Bearman Caldwell & Berkowitz, PC.

COUNSEL FOR APPELLEEGOVERNMENT FINANCE OFFICERS ASSOCIATION: Dustin Elizabeth Meek, Melissa Mahurin Whitehead, Louisville, Tachau Meek PLC.

COUNSEL FOR APPELLEE KENTUCKY RETIREMENT SYSTEMS: Perry Mack Bentley, Lexington, Paul C. Harnice, Sarah Jackson Bishop, Frankfort, Christopher E. Schaefer, Chadler Hardin, Louisville, Connor Bailey Egan, Lexington, Andrew Thomas Hagerman, Louisville, Stoll, Keenon & Ogden, PLLC, Matthew Dawson Wingate.

OPINION OF THE COURT BY CHIEF JUSTICE MINTON

To establish constitutional standing under Kentucky law, a plaintiff must demonstrate (1) an injury in fact that is concrete, particularized, and actual or imminent, (2) that the injury was caused by the defendant, and (3) that the injury is redressable by a ruling favorable to the...