Thursday, August 23, 2012
Sohal Properties Ordered Not To Be Published
Kentucky Supreme Court Directs That Sohal Properties
Decision on Excess Liquidated Damages Not be Published
Previously reviewed in this blog (October 25, 2011), was the holding of the Kentucky Court of Appeals in Sohal Properties, LLC v. MOA Properties, LLC, it addressing whether a non-refundable deposit/liquidated damage provision would be enforceable under Kentucky law. The Court of Appeals found it was not enforceable.
Discretionary review was sought to the Kentucky Supreme Court. On August 15, 2012, the Supreme Court denied discretionary review, but at the same time ordered that the opinion of the Court of Appeals not be published. 2011 SC-000711-D.