COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION II
CIVIL ACTION NO. 14-CI-1337
DAVID
ADAMS
PLAINTIFF
V.
MOTION TO RECONSIDER
COMMONWEALTH OF
KENTUCKY,
STEVEN L. BESHEAR,
GOVERNOR, et
al.
DEFENDANTS
Plaintiff moves the
Court to reconsider its order filed in this case December 22, 2014 to correct
multiple errors. The fundamental mistake from which others flow is found in the
following sentence in the Court’s ruling: “No funds for the Exchange are
appropriated from the General Fund or Road Fund as alleged by Plaintiff. Even
taking all of Plaintiff’s allegations as true, Plaintiff has not stated a claim
for relief.”
Plaintiff alleged
the spending in question is not legal and requests that, as such, it must not
be allowed by the Court. This is both a legitimate claim for relief and an
allegation that can be proven true and entering the Executive Branch Budget
into evidence does nothing to change that. Again, from Plaintiff’s Response to
Defendants’ Motion to Dismiss,” “State Group Health Insurance Funds for state employees exist in
General Funds, whose forbidden appropriations present an inescapable problem
for state employees charged with implementing “the ACA.” Even if all other legal problems with the attempted implementation
of the “Affordable Care Act” are ignored out of hand, such as the multiple
executive orders and constitutional and statutory problems in KRS 12.028 and
Kentucky Constitution Sections 47, 180 and 230 with moving, spending and/or
adding to Kentucky Access funds, this one cannot be.
Plaintiff again respectfully requests the Court to reconsider
its ruling in this case.
Respectfully
submitted,
David
Adams
121
Nave Place Nicholasville,
KY 40356 859-537-5372
CERTIFICATE OF SERVICE
This certifies the forgoing was served this 5th
day of January, 2015 by electronic mail delivery upon Patrick R. Hughes,
Dressman Benzinger LaVelle PSC, 207 Thomas More Parkway, Crestview Hills,
Kentucky 41017-2596.
David
Adams
