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LIKINS v. CITY OF CLARKSON

280 S.W.2d 491 (1955)

S. S. LIKINS et al., Appellants, v. CITY OF CLARKSON, Kentucky, Appellee.

Court of Appeals of Kentucky.

June 24, 1955.

Attorney(s) appearing for the Case

Delma L. Mauzey, Leitchfield, for appellants.

R. H. Cannon, Leitchfield, Faurest & Montgomery, Elizabethtown, for appellee.

STANLEY, Commissioner.

Clarkson, a town of the sixth class in Grayson County, duly enacted an ordinance to annex certain adjacent territory. More than 75% of the freeholders of the territory protested the annexation. The circuit court adjudged annexation and the protestants appeal.

The annexing authority of a sixth class town is KRS 81.240. Paragraph (2) provides a review by the circuit court without the intervention of a jury. The court is limited to ascertaining...

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