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RENDERED:  JUNE 13, 2008; 10:00 A.M.
NOT TO BE PUBLISHED

SUPREME COURT GRANTED DISCRETIONARY REVIEW:  MAY 13, 2009

(FILE NO. 2008-SC-0599-DG)
Commonwealth of Kentucky

Court of Appeals

NO. 2007-CA-000233-DG
HIGHVIEW MANOR ASSOCIATION, LLC; TIM WEDDINGTON, D/B/A PRESTON STREET GROUP, LLC; LORENA HENNINGER, D/B/A NEW SILVER HEIGHTS BINGO; S. RANDOLPH SCHEEN III; AND J.C. YEAGER APPELLANTS
ON DISCRETIONARY REVIEW FROM JEFFERSON CIRCUIT COURT
v. HONORABLE W. DOUGLAS KEMPER, JUDGE ACTION NO. 06-XX-000021
LOUISVILLE METRO HEALTH DEPARTMENT APPELLEE
OPINION
REVERSING IN PART, VACATING IN PART,
AND REMANDING

** ** ** ** **
BEFORE: CLAYTON, KELLER, AND MOORE, JUDGES.
KELLER, JUDGE: We accepted discretionary review in this matter to determine
the scope of a district court's authority to review a decision of a local code and fines imposed against bingo hall owners by the Louisville-Jefferson County Metro Government's Code Enforcement Board for violations of the Smoke Free Law, Louisville Metro Ordinance No. 123-2005.  Because we disagree with the Jefferson Circuit Court's ruling as to what the Jefferson District Court's scope of review encompasses, we must reverse in part, vacate in part, and remand.
In late 2005, the Louisville Metro Health Department investigated complaints related to smoking at several bingo establishments, including Highview Manor Association, LLC; Okolona Enterprises, Inc. (New Silver Heights Bingo); Preston Street Group, LLC; Stephen Drive LLC; and Jay's Place, Inc. (collectively,

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