Kentucky Revised Statutes

Ky. Rev. Stat. § 100.182 (2026)

Effect of failure to comply strictly with procedural provisions or

✓ current as of May 2026

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publication requirements -- Limitation. All other provisions of this chapter to the contrary notwithstanding, no comprehensive plan, land use or zoning regulation, subdivision regulation, public improvements program, or official map regulation shall be invalidated in its entirety for failure to strictly comply with any procedural provision of this chapter or with the requirements of KRS Chapter 424 in making any publication required to be made under this chapter, unless a court finds that the failure to strictly comply with any procedural requirement results in material prejudice to the substantive rights of an adversely affected person and that such rights cannot be adequately secured by any remedy other than invalidating the comprehensive plan, land use or zoning regulation, subdivision regulation, public improvements program, or official map regulation in its entirety. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 141, sec. 9, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 412, sec. 1, effective July 13, 1984.

Notes of Decisions

Cited in 3 cases, 1992–1998 · leading case: Taylor v. Duke, 896 S.W.2d 618 (Ky. Ct. App. 1995).

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Taylor v. Duke, 896 S.W.2d 618 (Ky. Ct. App. 1995). · cites it 2× “The Court went on to say that prior to the enactment of KRS 100.182 in 1984, failure to abide by statutory notice requirements deprived a planning commission of authority to act and rendered its actions void ab initio.”

Minton v. Fiscal Court of Jefferson Cnty., 850 S.W.2d 52 (Ky. Ct. App. 1992). · cites it 3× “However, it is recognized that noncompliance with procedural requirements may be excusable or curable, such as when there has been actual notice and no material prejudice.”

Evangelical Lutheran Good Samaritan Soc'y, Inc. v. Albert Oil Co., 969 S.W.2d 691 (Ky. 1998). “In that opinion, the Court of Appeals correctly emphasized that KRS 100.182, the substantial compliance statute, did not apply to local legislative zoning ordinances.”

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