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CITY OF ERLANGER v. AMERICAN ISOWALL CORP.

607 S.W.2d 128 (1980)

CITY OF ERLANGER, Kentucky, Appellant, v. AMERICAN ISOWALL CORPORATION, a Kentucky Corporation et al., Appellees. R.A. JONES & CO., INC. et al., Appellants, v. CITY OF CRESCENT SPRINGS, Kentucky, Appellee.

Court of Appeals of Kentucky.

October 10, 1980.

Attorney(s) appearing for the Case

Joseph L. Summe, Peter J. Summe, Summe & Summe, Covington, for appellees, American Isowall Corp., etc., et al.

Frank A. Wichmann, Covington, for appellants, City of Erlanger, Ky.

John Elfers, Kenton County Atty., Covington, for appellant, Kenton Co. Fiscal Court.

Jonathan A. Mason, Denicola & Mason, Covington, William J. Wehr, Twehues, Verst & Wehr, Newport, for appellee, City of Crescent Springs, Ky.

Frank Gofton Ware, Vest, Ware & Monohan, Florence, Sheryl G. Snyder, Janet G. Marcum, Wyatt, Grafton & Sloss, Louisville, for R.A. Jones & Co., Inc., et al.

Before HAYES, C.J., and BREETZ and GANT, JJ.

HAYES, Chief Judge.

In these appeals which were heard together, we are asked to determine whether an industrial plant may maintain an action to invalidate an annexation ordinance which fails to comply with the criteria of KRS 81.280, when said plant has not filed a remonstrance suit within the thirty (30) day statute of limitations set forth in KRS 81.110.

The facts of the first case, City of Erlanger v. American Isowall Corporation et al. follow. Erlanger...

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