KRS 220.537: Procedure for protest against proposed annexation.

Owners of real property in the territory proposed to be annexed who wish to object to the

annexation of the territory to the district shall, within thirty (30) days after the giving of

notice by the commissioner, file a petition, signed by twenty -five percent (25%) of the

freeholders in the territory proposed to be annexed, in the Circuit Court of the county in

which the larger part of the territory proposed to be annexed is located, naming the

commissioner, or in the case of annexation pursuant to KRS 220. 536(4) naming the

district, as defendant and setting out in the petition their objections to the annexation of

the territory. The commissioner or district shall be represented in the Circuit Court by the

county attorney and in the Court of Appeals by the A ttorney General, and he also may

require his defense to be made by the district. 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 plaintiffs to show cause why the territory, or any portion of it,

should not be annexed to the district. If the court renders judgment against the

commissioner or district, the judgment shall point out the changes required for annexation

of the territory, which, if met by the comm issioner or district, shall authorize annexation

of the territory. If the proposed changes are not met by the commissioner or district, the

territory shall not be annexed unless new proceedings are instituted in the manner

prescribed by KRS 220.535 and 220.536, 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 plaintiffs, the board of directors may annex the territory. An appeal shall

suspend the judgment until the case has been passed upon by the Court of Appeals and

final judgment rendered. Either the plaintiffs or the commissioner or district may appeal

from the judgment of the Circuit Court to the Court of Appeals, but the commissioner or

district 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.