Within sixty (60) days after the final publication of an order made under KRS § 220.553, which dismisses a petition for creation of a construction subdistrict or within sixty (60) days after final publication of an order made under KRS § 220.561 any person who would have been qualified to sign a petition described in KRS § 220.553 may appeal such order of the district to the Circuit Court for the county in which the proposed construction subdistrict is located. All matters appealed from shall be tried de novo and as an equitable action. Decisions of the Circuit Court may be appealed to the Court of Appeals.
Effective: June 17, 1978

Terms Used In Kentucky Statutes 220.563

  • 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.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

History: Amended 1978 Ky. Acts ch. 384, sec. 77, effective June 17, 1978. — Amended
1976 Ky. Acts ch. 62, sec. 106. — Created 1966 Ky. Acts ch. 92, sec. 8.

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