Kentucky Revised Statutes
Ky. Rev. Stat. § 415.030 (2026)
Action to prevent usurpation of office or franchise
✓ current as of May 2026
Find cases:
SyfertCases citing this section
KY-LRCapps.legislature.ky.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
If a person usurp an office or franchise, the person entitled thereto, or the Commonwealth, may prevent the usurpation by an ordinary action. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 483.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1957–2023 · leading case: Noble v. Meagher, 686 S.W.2d 458 (Ky. 1985).
Noble v. Meagher, 686 S.W.2d 458 (Ky. 1985). “It must be noted that Kentucky law provides that Meagher, as a candidate, as well as the Attorney General and the Commonwealth Attorney for the district all have standing to bring an ouster action under the usurpation statutes, KRS 415.”
Hogan v. Kentucky State Bd. of Educ., 329 S.W.2d 563 (Ky. Ct. App. 1958). “If alleged misconduct by local board members is not considered *565 by the Superintendent of Public Instruction, in the exercise of a fair discretion, to be such as to warrant action by the State Board of Education, the local citizens may still obtain a remedy through removal…”
Mahon v. Buechel Sewer Constr. Dist. 1, 355 S.W.2d 683 (Ky. Ct. App. 1962). “Assuming this to be true, parties adversely affected by the judgment could *686 have had the error reviewed by timely motion and appeal, but the judgment is not void. A proceeding by the Commonwealth is the exclusive method by which the eligibility of these commissioners may now…”
Ashley Ahrens v. Daniel Fendley (Ky. Ct. App. 2023). “See KRS 415.030. In other words, if a candidate is “ineligible to hold an office, he becomes, when inducted into it, a usurper, and the law provides a distinct and exclusive remedy for his removal, which must be pursued.”
Commonwealth ex rel. Matthews v. Combs, 426 S.W.2d 461 (Ky. Ct. App. 1968). “This is an action brought pursuant to KRS 415.030 upon the authority of Robert Matthews, Attorney General, to oust Dacker Combs from his office as a member of the Perry County Board of Education for an alleged violation of KRS 160.”
Stringer v. Commonwealth ex rel. Matthews, 428 S.W.2d 203 (Ky. Ct. App. 1968). “Appellant was reelected in 1964 for another four-year term; and trhe to form, when it came time to employ a superintendent of schools again, the name and consent of the Attorney General were made available under KRS 415.030 and 415.050. The first ground in the present proceeding…”
Lincoln Trail Grain Growers Ass'n v. Meade Cnty. Fiscal Court (Ky. Ct. App. 2021). “In their separate briefs, CGB and the Meade County public entities argue that Hardesty and Bewley failed to object to their removal from the Riverport Authority at the time of the Fiscal Court meeting.”
Jones v. Robinson, 351 S.W.2d 185 (Ky. Ct. App. 1961). “Although the foregoing reason was not the basis of the argument in this case, we believe the quoted allegation was sufficient to bring to the attention of the court that the right of the parties plaintiff to bring suit was being challenged.”
Arnett v. De Weese, 304 S.W.2d 784 (Ky. Ct. App. 1957). “The Code provision which authorized an action against a usurper of an office is now ! embraced in KRS 415.030. Rule 57 is, in pertinent part, “The procedure for obtaining a declaratory judgment pursuant to statute shall be in accordance with these rules * * *.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.