178.375 Appeals to Circuit Court from final orders of fiscal court.
326 words·~1 min read·
/ky/chapter-178/178-375A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any railroad company dissatisfied with a final order of the fiscal court directing the
elimination of any existing grade crossing or change of existing overhead or
underpass structure under KRS 178.355, or a final order in respect of a new
crossing under KRS 178.360, may, within twenty
(20)days after receipt by the
railroad company of a copy of the order, attested by the clerk of the fiscal court, file
in the clerk's office of the Circuit Court of the county, together with a statement of
the reasons why the order should not be enforced. On the filing of a copy of the
order and the statement, the circuit clerk shall issue summons thereon in the same
manner as summons is issued in equity actions in the Circuit Court. The trial of all
appeals under this section shall be by a chancellor, and the evidence shall be taken
by depositions or as the Circuit Court may direct.
(2)On the hearing of the appeal, the Circuit Court shall determine whether under the
standards hereinbefore prescribed, a grade separation or change in an existing
overhead or underpass structure is reasonably necessary for the public safety,
whether the plans and specifications prescribed by such order make reasonably
adequate provision for present and future safety and convenience of highway traffic
and present and future safety of operation of trains of the railroad company, its
employees and passengers, and for future development of highway and railroad
facilities.
(3)Upon submission of the case, the Circuit Court shall embody its findings and
conclusions of law in a final judgment, which may enjoin the fiscal court from
enforcing its order, or direct the railroad company to proceed with the work in
accordance with the order of the fiscal court, or in accordance with other plans and
specifications prescribed by the court, or direct the fiscal court to proceed with the
work in accordance with plans and specifications prescribed by the court.