104.540 Court action opposing creation of district. Any owner of real property in the proposed district who has not signed the original <br>petition for the creation of the district and who wishes to object to the organization of the <br>district shall, within sixty (60) days after the giving of notice by the secretary, file his <br>petition in the Circuit Court of the county in which the larger part of the proposed district <br>is located, naming the secretary defendant and setting out in the petition his objections to <br>the organization of the district. The secretary shall be represented in the Circuit Court by <br>the county attorney and in the Court of Appeals by the Attorney General and he also may <br>require his defense to be made by the petitioners or some of them. The issues may be <br>made up and the case may be docketed for hearing as in an action for a declaration of <br>rights, and an appeal may be taken and judgment shall become final as provided for in <br>such procedure. The burden of proof shall be upon the plaintiff to show cause why the <br>district should not be organized. If the court renders judgment against the secretary, the <br>judgment shall point out the changes required for the establishment of a district, which, if <br>met by the secretary, shall authorize the creation of the district. If the changes are not met <br>by the secretary, the proposed district shall not be organized unless new proceedings are <br>instituted for the creation of a district, but such new proceedings shall not be instituted for <br>a period of six (6) months after the date of judgment. If the court gives judgment against <br>the plaintiff, the secretary shall organize the district. An appeal taken as authorized in this <br>section shall suspend the judgment until the case has been passed upon by the Court of <br>Appeals and final judgment rendered. Either the plaintiff or the secretary may appeal <br>from the judgment of the Circuit Court to the Court of Appeals, but the secretary shall not <br>be required to make any appeal bond. Except as otherwise provided in this section, the <br>pleadings and practice shall be the same as in other suits in equity. History: Created 1950 Ky. Acts ch. 42, sec. 10.
104.540 Court action opposing creation of district. Any owner of real property in the proposed district who has not signed the original <br>petition for the creation of the district and who wishes to object to the organization of the <br>district shall, within sixty (60) days after the giving of notice by the secretary, file his <br>petition in the Circuit Court of the county in which the larger part of the proposed district <br>is located, naming the secretary defendant and setting out in the petition his objections to <br>the organization of the district. The secretary shall be represented in the Circuit Court by <br>the county attorney and in the Court of Appeals by the Attorney General and he also may <br>require his defense to be made by the petitioners or some of them. The issues may be <br>made up and the case may be docketed for hearing as in an action for a declaration of <br>rights, and an appeal may be taken and judgment shall become final as provided for in <br>such procedure. The burden of proof shall be upon the plaintiff to show cause why the <br>district should not be organized. If the court renders judgment against the secretary, the <br>judgment shall point out the changes required for the establishment of a district, which, if <br>met by the secretary, shall authorize the creation of the district. If the changes are not met <br>by the secretary, the proposed district shall not be organized unless new proceedings are <br>instituted for the creation of a district, but such new proceedings shall not be instituted for <br>a period of six (6) months after the date of judgment. If the court gives judgment against <br>the plaintiff, the secretary shall organize the district. An appeal taken as authorized in this <br>section shall suspend the judgment until the case has been passed upon by the Court of <br>Appeals and final judgment rendered. Either the plaintiff or the secretary may appeal <br>from the judgment of the Circuit Court to the Court of Appeals, but the secretary shall not <br>be required to make any appeal bond. Except as otherwise provided in this section, the <br>pleadings and practice shall be the same as in other suits in equity. History: Created 1950 Ky. Acts ch. 42, sec. 10.
104.540 Court action opposing creation of district. Any owner of real property in the proposed district who has not signed the original <br>petition for the creation of the district and who wishes to object to the organization of the <br>district shall, within sixty (60) days after the giving of notice by the secretary, file his <br>petition in the Circuit Court of the county in which the larger part of the proposed district <br>is located, naming the secretary defendant and setting out in the petition his objections to <br>the organization of the district. The secretary shall be represented in the Circuit Court by <br>the county attorney and in the Court of Appeals by the Attorney General and he also may <br>require his defense to be made by the petitioners or some of them. The issues may be <br>made up and the case may be docketed for hearing as in an action for a declaration of <br>rights, and an appeal may be taken and judgment shall become final as provided for in <br>such procedure. The burden of proof shall be upon the plaintiff to show cause why the <br>district should not be organized. If the court renders judgment against the secretary, the <br>judgment shall point out the changes required for the establishment of a district, which, if <br>met by the secretary, shall authorize the creation of the district. If the changes are not met <br>by the secretary, the proposed district shall not be organized unless new proceedings are <br>instituted for the creation of a district, but such new proceedings shall not be instituted for <br>a period of six (6) months after the date of judgment. If the court gives judgment against <br>the plaintiff, the secretary shall organize the district. An appeal taken as authorized in this <br>section shall suspend the judgment until the case has been passed upon by the Court of <br>Appeals and final judgment rendered. Either the plaintiff or the secretary may appeal <br>from the judgment of the Circuit Court to the Court of Appeals, but the secretary shall not <br>be required to make any appeal bond. Except as otherwise provided in this section, the <br>pleadings and practice shall be the same as in other suits in equity. History: Created 1950 Ky. Acts ch. 42, sec. 10.
