Kentucky Revised Statutes
Ky. Rev. Stat. § 100.263 (2026)
Public notice of appeal hearing
✓ current as of May 2026
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The board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the administrative official at least one (1) week prior to the hearing, and shall decide it within sixty (60) days. The affected party may appear at the hearing in person or by attorney. History: Created 1966 Ky. Acts ch. 172, sec. 59.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1988–2023 · leading case: Ratliff v. Phillips, 746 S.W.2d 405 (Ky. 1988).
Ratliff v. Phillips, 746 S.W.2d 405 (Ky. 1988). “Resolution of this appeal requires construction of KRS 100.263. Reversing the circuit court, the Court of Appeals held that failure of the Board of Zoning Adjustment to render its decision within sixty days after the hearing divested the Board of jurisdiction.”
Evangelical Lutheran Good Samaritan Soc'y, Inc. v. Albert Oil Co., 969 S.W.2d 691 (Ky. 1998). “2d 405 (1988), where we interpreted the provisions of KRS 100.263 relat ing to boards of zoning adjustment that the 60 day deadline provided in the statute was directory rather than mandatory and that the board had not lost jurisdiction because of its failure to act.”
Newcomb v. Gross (E.D. Ky. 2023). “§ 100.263). During the recent hearing on the Newcombs’ motion, plaintiffs’ counsel refused to consider that any post-deprivation remedy could be sufficient, but that remains an open question.”
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