(1) Within thirty (30) days after notice provided in KRS § 67A.745(1) any owner of property to be benefited by the proposed project, may file an action in circuit court, seeking relief by declaratory judgment, injunction, or otherwise. The owner may file in the office of the clerk of the urban-county government a written, notarized statement of intent to file such an action, indorsed 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 such action shall be extended for fifteen (15) days after the date such statement is filed.
(2) If such action is filed or a statement of intent is filed as provided in subsection (1) of this section, all proceedings of the urban-county government with respect to the above project shall be abated until final judicial determination of the controversies presented thereby. After the lapse of the thirty (30) day period, all actions by owners of properties to be benefited shall be forever barred.

Terms Used In Kentucky Statutes 67A.750

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Attorney: means attorney-at-law. 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

Effective: June 21, 1974
History: Created 1974 Ky. Acts ch. 394, sec. 9, effective June 21, 1974.