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96.926 User's appeal to Circuit Court.
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Any sewer user, or prospective sewer user, affected by the Second Ordinance
may, within thirty (30) days after publication of the Second Ordinance, file an
action in the Circuit Court of the county in which the city is situated attacking
the validity of the Second Ordinance from the standpoint of whether the
governing body acted in conformity with the procedures made mandatory by
KRS 96.910 to 96.927. Provided, however, that if any aggrieved sewer user or
prospective sewer user files in the office of the city clerk a written notarized
statement of intent to file such an action, the time for filing actions in the Circuit
Court shall be fifteen (15) days after such notice of intent to sue is filed with the
clerk, or thirty (30) days after publication of the Second Ordinance, whichever
is later.
Proceedings in the Circuit Court shall be tried according to the practice
prescribed for equity cases.
In the event an action is filed as provided for by this section, the effective date
of the proposed sewer service charges as prescribed by the Second Ordinance
shall be the date judgment is entered by the Circuit Court, if such judgment is
favorable.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 125. -- Created
1958 Ky. Acts ch. 169, sec. 14, effective June 19, 1958.
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