67A.880 Action by property owner for relief from ordinance of determination.
(1)
(2)
Any owner of property to be benefited by the wastewater collection project may,
within thirty (30) days after passage and publication of the ordinance of
determination:
(a) File an action in the Circuit Court of the county in which the urban-county
government is situated seeking relief by declaratory judgment, injunction or
otherwise; or
(b) File in the office of the clerk of the urban-county government a written
statement of intent to file such an action endorsed by a licensed attorney-atlaw to the effect that in his opinion his client has a reasonable and legitimate
probable cause for such proposed litigation, in which event the time for filing
the action shall be extended for fifteen (15) days after the date the statement is
filed.
In the event of the occurrence of either (a) or (b) above, all proceedings of the
government with respect to the proposed wastewater collection project shall be
abated until final judicial determination of the controversies presented thereby. In
the absence of action by any owner of property proposed to be benefited as herein
provided, the provisions of the ordinance of determination shall be final and
binding. After the lapse of time as herein provided, all actions by owners of
properties to be benefited shall be forever barred.
Effective: March 30, 1976
History: Created 1976 Ky. Acts ch. 371, sec. 10, effective March 30, 1976.
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