Kentucky Statutes 178.375 – Appeals to Circuit Court from final orders of fiscal court
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(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 KRS § 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 the 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 section 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 change 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 traffic 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.
History: Amended 1976 Ky. Acts ch. 62, sec. 95. — Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.
(2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards hereinbefore prescribed, a grade separation or change 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 traffic 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.
Terms Used In Kentucky Statutes 178.375
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
History: Amended 1976 Ky. Acts ch. 62, sec. 95. — Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.