{"data":{"id":"us-ky/krs-220.100","jurisdiction":"us-ky","citation":"KRS 220.100","heading":"Objection to establishment of district -- How made -- Trial -- Appeal.","body":"Any owner of real property in the proposed district who has not signed the original\npetition for the creation of the district and who wishes to object to the organization of the\ndistrict shall, within sixty (60) days after the giving of notice by the commi ssioner, file\nhis petition in the Circuit Court of the county in which the larger part of the proposed\ndistrict is located, naming the commissioner defendant and setting out in the petition his\nobjections to the organization of the district. The commission er shall be represented in\nthe Circuit Court by the county attorney and in the Court of Appeals by the Attorney\nGeneral, and he also may require his defense to be made by the petitioners or some of\nthem. The issues may be made up and the case may be docket ed for hearing as in an\naction for a declaration of rights. The burden of proof shall be upon the plaintiff to show\ncause why the district should not be organized. If the court renders judgment against the\ncommissioner, judgment shall point out the changes  required for the establishment of a\ndistrict, which, if met by the commissioner, shall authorize the creation of the district. If\nthe changes are not met by the commissioner, the proposed district shall not be organized\nunless new proceedings are institut ed for the creation of a district, but such new\nproceedings shall not be instituted for a period of six (6) months after the date of\njudgment. If the court gives judgment against the plaintiff, the commissioner shall\norganize the district. An appeal shall suspend the judgment until the case has been passed\nupon by the Court of Appeals and final judgment rendered. Either the plaintiff or the\ncommissioner may appeal from the judgment of the Circuit Court to the Court of\nAppeals, but the commissioner shall not  be required to make any appeal bond. Except as\notherwise provided in this section, the pleading and practice shall be the same as in other\nsuits in equity.","path":["KRS Chapter 220"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9777","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:32Z","sha256":"05c4a70db960509c2303753123adac7a379927e96af69817c85432067339c272","source_id":"us-ky","stale":false,"prev":"us-ky/krs-220.090","next":"us-ky/krs-220.110"},"notice":"GroundRules: Original legal text. Not legal advice."}
