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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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The Court of Appeals noted' that “judgment was granted on the pleadings ... [T]he moving party is deemed to have admitted the proof of his adversary’s pleading for purposes of the motion. CR 12.03 [and cases cited].” However, even were this a summary judgment, the record before us presents sufficient question about the circumstances surrounding the issuance of the Certificate of Occupancy and sufficient evidence contradicting compliance with the code to withstand summary judgment. This includes the inspector’s own finding at one point of “very poor workmanship” and the inconsistency that existed between the building permit and the home actually constructed.