100.413 Appeals from final order of planning commission and judgment of District Court.

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Page 1 of 1 100.413 Appeals from final order of planning commission and judgment of District Court. (1) An appeal from any final order issued by a planning commission may be made to the District Court of the county in which the planning commission is located. The <br>appeal shall be taken within thirty (30) days of the date the order is issued. The <br>appeal shall be initiated by the filing of a complaint and a copy of the commission's <br>order in the same manner as any civil action under the Rules of Civil Procedure. <br>The action shall be tried de novo and the burden shall be upon the planning <br>commission to establish that a violation has occurred. If the court finds that a <br>violation occurred, judgment shall be entered ordering the offender to pay to the <br>planning commission all fines assessed for the violation. If the court finds a <br>violation did not occur, the complaint shall be dismissed. (2) A judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure. (3) If no appeal from a final order of a planning commission is filed within the time period set forth in this section, the planning commission's order shall be deemed <br>final for all purposes. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 10, sec. 7, effective July 15, 1998.