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220.100 Objection to establishment of district -- How made -- Trial -- Appeal.
Any owner of real property in the proposed district who has not signed the original
petition for the creation of the district and who wishes to object to the organization of
the district shall, within sixty (60) days after the giving of notice by the commissioner,
file his petition in the Circuit Court of the county in which the larger part of the
proposed district is located, naming the commissioner defendant and setting out in
the petition his objections to the organization of the district. The commissioner shall
be represented in the Circuit Court by the county attorney and in the Court of
Appeals by the Attorney General, and he also may require his defense to be made
by the petitioners or some of them. The issues may be made up and the case may
be docketed for hearing as in an action for a declaration of rights. The burden of
proof shall be upon the plaintiff to show cause why the district should not be
organized. If the court renders judgment against the commissioner, judgment shall
point out the changes required for the establishment of a district, which, if met by the
commissioner, shall authorize the creation of the district. If the changes are not met
by the commissioner, the proposed district shall not be organized unless new
proceedings are instituted for the creation of a district, but such new proceedings
shall not be instituted for a period of six (6) months after the date of judgment. If the
court gives judgment against the plaintiff, the commissioner shall organize the
district. An appeal shall suspend the judgment until the case has been passed upon
by the Court of Appeals and final judgment rendered. Either the plaintiff or the
commissioner may appeal from the judgment of the Circuit Court to the Court of
Appeals, but the commissioner shall not be required to make any appeal bond.
Except as otherwise provided in this section, the pleading and practice shall be the
same as in other suits in equity.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 210, effective
January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 104. -- Amended 1952
Ky. Acts ch. 84, sec. 57. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2062g-10.
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