trial-type hearing in Kentucky

2006On August 29, 2000, it opted instead to proceed with an argument-style hearing consistent with requirements outlined by the Kentucky Supreme Court in City of Louisville v. McDonald, Ky., 470 S.W.2d 173 (1971). 1 A member of the planning commission addressed the fiscal court and explained the recommendation for approval; Hilltop’s attorney made a presentation in support of its application for the zone map amendment.

1972The ground on which the circuit court held the annexation void was that- under the rationale of Prudential Building & Loan Association v. Urban Renewal & Community Development Agency, Ky., 464 S.W.2d 629 , and City of Louisville v. McDonald, Ky., 470 S.W.2d 173 , a city cannot annex territory without first holding a trial-type hearing and making findings of fact.

2024Morris, supra. A trial- type hearing is automatically required for disputes of adjudicative facts (as opposed to legislative facts).

1982Morris, supra. A trial-type hearing is automatically required for disputes of adjudicative facts (as opposed to legislative facts).

1978In support of this proposition, reliance is placed upon such cases as Pearl v. Marshall, Ky., 491 S.W.2d 837 (1973).

1978The first appearance is reported in Phelps v. Sallee, Ky., 529 S.W.2d 361 (1975) where a detailed recitation of facts may be found. .

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1978In his treatise Davis says: “Specific holdings that competitors of applicants are not entitled to a full trial-type hearing on the granting of applications include the Northwest Bankcorporation [v. Board of Governors of Federal Reserve System, 303 F.2d 832 (8th Cir. 1962)]; Bridgeport [Federal Savings & Loan Association v. Federal Home Loan Bank Board, 307 F.2d 580 (3d Cir. 1962) cert. denied 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 499 (1963)]; Webster Groves Trust Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966); Citizens Bank of Hattiesburg v. Camp, 387 F.2d 375 (5th Cir. 1967), certiorari denied

1976The full proceeding before the Planning and Zoning Commission was submitted to the fiscal court, and it could have acted upon that record or it could have conducted a due process trial-type hearing of its own as described in City of Louisville v. McDonald, supra, and reiterated in Caller v. Ison, Ky., 508 S.W.2d 776 , which it did not do.

1975City of Louisville v. McDonald, Ky., 470 S.W.2d 173 (1971); Montfort v. Archer, Ky., 477 S.W.2d 144 (1971), and Hines v. Pinchback-Halloran Volkswagen, Inc., Ky., 513 S.W.2d 492 (1974).

1975City of Louisville v. McDonald, Ky., 470 S.W.2d 173 (1971); Montfort v. Archer, Ky., 477 S.W.2d 144 (1971), and Hines v. Pinchback-Halloran Volkswagen, Inc., Ky., 513 S.W.2d 492 (1974).

1973In Hays, et al. v. City of Winchester, Kentucky, et al., Ky., 495 S.W.2d 768 (decided June 1, 1973), we followed McDonald and stated that if a legislative body does not follow the planning commission’s recommendation against a zoning change, and makes a change, the legislative body must make a finding of adjudicative facts, either from the record of the trial-type hearing held by the planning commission or from the record of a trial-type hearing held by the legislative body, and that in either instance, the finding of facts must be supported by the record.

1972Kraft, supra. 1 Our conclusion, is, therefore, that a city is not required to hold a trial-type hearing as a prerequisite to annexation of territory.

1972The ground on which the circuit court held the annexation void was that- under the rationale of Prudential Building & Loan Association v. Urban Renewal & Community Development Agency, Ky., 464 S.W.2d 629 , and City of Louisville v. McDonald, Ky., 470 S.W.2d 173 , a city cannot annex territory without first holding a trial-type hearing and making findings of fact.