Court of Appeals of Kentucky October 28, 2011, Nos. 2009-CA-001650-MR, 2009-CA-001676-MR (Kentucky Office of Homeland Security v. Christerson)

SHAKE, Senior Judge,

Concurring and Dissenting:

I concur with the portion of the majority opinion which affirms that portion of the Franklin Circuit Court’s judgment which found that American Atheists lacked standing based on its claim for damages by its members. However, I dissent from the remainder of the opinion.

I adopt the sound reasoning of the trial court. The trial court analyzed KRS 39G.