KRS 178.375: Appeals to Circuit Court from final orders of fiscal court.

(1) Any railroad company dissatisfied with a final order of the fiscal court directing the

elimination of any existing grade crossing or change of existing overhead or

underpass structure under KRS 178.355, or a final order in respect of a new

crossing under K RS 178.360, may, within twenty (20) days after receipt by the

railroad company of a copy of the order, attested by the clerk of the fiscal court, file

in the clerk's office of the Circuit Court of the county, together with a statement of

the reasons why th e order should not be enforced. On the filing of a copy of the

order and the statement, the circuit clerk shall issue summons thereon in the same

manner as summons is issued in equity actions in the Circuit Court. The trial of all

appeals under this sectio n shall be by a chancellor, and the evidence shall be taken

by depositions or as the Circuit Court may direct.

(2) On the hearing of the appeal, the Circuit Court shall determine whether under the

standards hereinbefore prescribed, a grade separation or ch ange in an existing

overhead or underpass structure is reasonably necessary for the public safety,

whether the plans and specifications prescribed by such order make reasonably

adequate provision for present and future safety and convenience of highway tra ffic

and present and future safety of operation of trains of the railroad company, its

employees and passengers, and for future development of highway and railroad

facilities.

(3) Upon submission of the case, the Circuit Court shall embody its findings and

conclusions of law in a final judgment, which may enjoin the fiscal court from

enforcing its order, or direct the railroad company to proceed with the work in

accordance with the order of the fiscal court, or in accordance with other plans and

specifications prescribed by the court, or direct the fiscal court to proceed with the

work in accordance with plans and specifications prescribed by the court.