67A.880 Action by property owner for relief from ordinance of determination.

213 words·~1 min read·/ky/chapter-67a/67a-880

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 wastewater collection project may,

within thirty

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

determination:

(a)File an action in the Circuit Court of the county in which the urban-county

government is situated seeking relief by declaratory judgment, injunction or

otherwise; or

(b)File in the office of the clerk of the urban-county government a written

statement of intent to file such an action endorsed 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

the action shall be extended for fifteen

(15)days after the date the statement is

filed.

(2)In the event of the occurrence of either

(a)or

(b)above, all proceedings of the

government with respect to the proposed wastewater collection 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 ordinance of determination 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.