107.060 Action by aggrieved property owner.

231 words·~1 min read·/ky/chapter-107/107-060

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any owner of property to be benefited by the proposed project, including

wastewater collection projects undertaken by metropolitan sewer districts may,

within thirty

(30)days after passage and publication of the second ordinance:

(a)File an action in the Circuit Court of the county in which the city is situated

(or, if the city be situated in more than one county, in the Circuit Court of any

such county) seeking relief by declaratory judgment, injunction, or otherwise;

(b)File in the office of the city clerk 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)In the event of either

(a)or (b), above, all proceedings of the city with respect to the

proposed 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 second ordinance

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.