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99.390 Appeals.
(1)
(2)
Any person, firm, corporate organization, public officer or governmental agency
or department, being a party of record at any hearing conducted by the agency
in connection with the designation of a redevelopment project which has
applied for a building permit or certificate of occupancy under KRS 99.380,
claiming to be injuriously affected or aggrieved by refusal of the agency to
approve such permit or certificate, may appeal from such action to the Circuit
Court of the county wherein the agency is located, and jurisdiction is hereby
given to such Circuit Court to hear and determine all questions and issues
brought before it on such appeal. An appeal shall stay all action by all parties of
record in the matter appealed from. Such appeal shall be taken within thirty
(30) days after notice of such action or decision has been given by the agency
to the party affected by the decision of said agency, by filing in the office of the
clerk of the Circuit Court of such county a statement of appeal, setting forth the
action or decision of the agency appealed from, the date thereof, the reasons
for said appeal, and attaching thereto as a part thereof a certified copy of such
action or decision and asking that an order to show cause be issued against
and served upon the agency as to why such building permit or certificate of
occupancy should not be issued.
After the appeal is taken the procedure shall be the same as in common law
actions, except that said appeals shall have preference over other cases on the
docket and may, upon the motion of any party, be set down for trial in advance
of other cases. Upon filing an appeal, notice thereof must be immediately given
to the agency and all parties of record, by actual notice served or by service of
summons. Hearings in the Circuit Court shall be de novo and heard by the
judge and appeals may be taken from the decision of said Circuit Court to the
Court of Appeals in the same manner as common law cases are appealed,
except that all appeals to the Court of Appeals must be made within sixty (60)
days from the date of judgment in the Circuit Court.
Effective:June 14, 1962
History: Amended 1962 Ky. Acts ch. 266, sec. 1. -- Amended 1958 Ky. Acts
ch. 159, sec. 3. -- Created 1950 Ky. Acts ch. 119, sec. 8.
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