Ky. Rev. Stat. » Chapter 178

Ky. Rev. Stat. § 178.100

Action to contest decision of fiscal court

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From a decision of the fiscal court ordering a new road to be opened, or ordering an alteration or discontinuance of an existing road, or allowing gates to be erected across a road or abolishing existing gates, or a decision refusing any such order, the party aggrieved may bring an action in the Circuit Court of the county where the road is located to contest the decision of the fiscal court. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 6, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 308, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 168, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302a-1.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1952–2021 · leading case: Whitley v. Robertson County
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Whitley v. Robertson County (2013) ky · cites it 18× “The difference is significant because in the adjudication of an appeal under KRS 178.100 from a fiscal court *13 decision, the circuit court must apply the deferential standard of review explained in Trimble Fiscal Court v.”
Whitley v. Robertson County (2013) ky · cites it 18× “The difference is significant because in the adjudication of an appeal under KRS 178.100 from a fiscal court decision, the circuit court must apply the deferential standard of review explained in Trimble Fiscal Court v.”
Trimble Fiscal Court v. Snyder (1993) kyctapp · cites it 4× “010 is authorized by KRS 178.100, which provides: From a decision of the fiscal court ordering a new road to be opened, or ordering an alteration or discontinuance of an existing road, or allowing gates to be erected across a road or abolishing existing gates, or a decision…”
Ex Parte Commonwealth (1956) kyctapphigh “■On appeal by the property owners to the circuit court, under KRS 178.100, the circuit court entered the judgment here appealed from, dismissing the petition of the department.”
Kentucky Retirement Systems by and Through the Board of Trustees of The v. Western Kentucky University (2021) kyctapp “It noted that Whitley could not have appealed from the fiscal court’s decision because it took no formal action of the kind that is appealable under KRS 178.100; rather, it simply “reaffirmed its ongoing stance” that the laneway was a county road.”
Walker v. Lyon County Fiscal Court (1968) kyctapp “It is insisted that KRS 178.100 cannot be relied on for such appeal.”
McCowan v. Bond (1952) kyctapp “From an adverse judgment there, they could appeal to the circuit court and then to this Court under KRS 178.100. Appellees clearly had an adequate remedy at law, and therefore the injunction should not have been granted.”
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