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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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