Kentucky Statutes 67A.880 – Action by property owner for relief from ordinance of determination
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(1) Any owner of property to be benefited by the wastewater collection project may, within thirty (30) days after passage and publication of the ordinance of determination:
(a) File an action in the Circuit Court of the county in which the urban-county government is situated seeking relief by declaratory judgment, injunction or otherwise; or
(b) File in the office of the clerk of the urban-county government a written statement of intent to file such an action endorsed by a licensed attorney-at- law to the effect that in his opinion his client has a reasonable and legitimate probable cause for such proposed litigation, in which event the time for filing the action shall be extended for fifteen (15) days after the date the statement is filed.
(2) In the event of the occurrence of either (a) or (b) above, all proceedings of the government with respect to the proposed wastewater collection project shall be abated until final judicial determination of the controversies presented thereby. In the absence of action by any owner of property proposed to be benefited as herein provided, the provisions of the ordinance of determination shall be final and binding. After the lapse of time as herein provided, all actions by owners of properties to be benefited shall be forever barred.
Effective: March 30, 1976
History: Created 1976 Ky. Acts ch. 371, sec. 10, effective March 30, 1976.
(a) File an action in the Circuit Court of the county in which the urban-county government is situated seeking relief by declaratory judgment, injunction or otherwise; or
Terms Used In Kentucky Statutes 67A.880
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Project: means any undertaking within or near a local parking district. See Kentucky Statutes 67A.912
(b) File in the office of the clerk of the urban-county government a written statement of intent to file such an action endorsed by a licensed attorney-at- law to the effect that in his opinion his client has a reasonable and legitimate probable cause for such proposed litigation, in which event the time for filing the action shall be extended for fifteen (15) days after the date the statement is filed.
(2) In the event of the occurrence of either (a) or (b) above, all proceedings of the government with respect to the proposed wastewater collection project shall be abated until final judicial determination of the controversies presented thereby. In the absence of action by any owner of property proposed to be benefited as herein provided, the provisions of the ordinance of determination shall be final and binding. After the lapse of time as herein provided, all actions by owners of properties to be benefited shall be forever barred.
Effective: March 30, 1976
History: Created 1976 Ky. Acts ch. 371, sec. 10, effective March 30, 1976.