Kentucky Statutes 77.305 – Appeals
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(1) Any person, being a party of record at such hearing, deeming himself aggrieved, including the air pollution control district, may maintain a special proceeding in equity in the Circuit Court of the county in which the district is located, to determine the reasonableness and legality of any action of the hearing board. Such special proceeding shall be entitled to priority on the docket of said equity court.
(2) Any person filing such a special proceeding after any decision of the hearing board shall be entitled to a trial de novo and an independent determination of the reasonableness and legality of such action in such court on all issues of law, facts, and mixed questions of law and facts and opinions therein involved. Jurisdiction is hereby given such Circuit Court to determine all questions and issues properly brought before it on such appeal.
(3) Appeals may be taken from the judgment of said Circuit Court to the Court of
Appeals of Kentucky.
History: Amended 1976 Ky. Acts ch. 62, sec. 81. — Created 1952 Ky. Acts ch. 53, sec.
77, effective March 14, 1952.
(2) Any person filing such a special proceeding after any decision of the hearing board shall be entitled to a trial de novo and an independent determination of the reasonableness and legality of such action in such court on all issues of law, facts, and mixed questions of law and facts and opinions therein involved. Jurisdiction is hereby given such Circuit Court to determine all questions and issues properly brought before it on such appeal.
Terms Used In Kentucky Statutes 77.305
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- District: means an air pollution control district. See Kentucky Statutes 77.005
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, firm, copartnership, joint adventure, association, corporation, social club, fraternal organization, estate, trust, receiver, syndicate, any county, city, municipality, district (for air pollution control or otherwise), or other political subdivision, or any group or combination acting as a unit, and the plural as well as the singular unit. See Kentucky Statutes 77.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Appeals may be taken from the judgment of said Circuit Court to the Court of
Appeals of Kentucky.
History: Amended 1976 Ky. Acts ch. 62, sec. 81. — Created 1952 Ky. Acts ch. 53, sec.
77, effective March 14, 1952.