(1) From the decision of the county judge/executive refusing to grant the permit, the applicant may appeal to the Circuit Court, where the appeal shall be tried as an action in equity, and the evidence shall be heard in open court.
(2) From the decision of the county judge/executive granting a permit, any citizen of the county may appeal to the Circuit Court and the appeal in the Circuit Court shall be tried as in the case of an appeal from a judgment denying the permit.

Terms Used In Kentucky Statutes 231.090

  • 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.
  • Attorney: means attorney-at-law. 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.

(3) Before any appeal is perfected, the party appealing shall file a copy of the decision of the county judge/executive with the circuit clerk and shall execute a bond guaranteeing the payment of the cost of the appeal. The cost of the appeal shall be adjudged against the person losing the appeal.
(4) The county attorney shall resist any appeal filed by an applicant and shall represent the county judge/executive granting a permit in any court proceedings.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 369, sec. 1, effective July 15, 1988. — Amended
1978 Ky. Acts ch. 384, sec. 366, effective June 17, 1978. — Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 14, sec. 213, effective January 2, 1978. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599f-15.

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