KRS 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 commi ssioner, 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 commission er 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 docket ed 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 institut ed 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.