MERRITT v. CITY OF CAMPBELLSVILLE


678 S.W.2d 788 (1984)

Charles T. MERRITT, Vance K. Wesley, Johnnie Jones, Earl T. Merritt, Elwood Roberts, Ralph Gabeheart, Ruth B. Gabeheart, and William Pierce, Appellants/Cross-Appellees, v. CITY OF CAMPBELLSVILLE, Kentucky, Mayor Robert Miller, James Bell, Frank Metzmeier, Charles Shaw, Richard Jeter, Dr. R.D. Ingram, John Edrington, William Toby, Delbert Ballard, Jerry Kibbons, Alvin Hardy and Isaac T. Newcomb, Appellees/Cross-Appellant.

Court of Appeals of Kentucky.

As Modified July 13, 1984.

Ordered Published and Rehearing Denied November 2, 1984.


Attorney(s) appearing for the Case

Fred Faulkner, Jr., James C. Miller, Campbellsville, for appellees/cross-appellants.

W. Patrick Mulloy, II, Louisville, for appellants/cross-appellees.

Before HAYES, C.J., and MILLER and WILHOIT, JJ.


MILLER, Judge.

This is an appeal by persons who protest the annexation of an area by the City of Campbellsville, pursuant to KRS 81A.400 et seq. Campbellsville is a city of the third class. KRS 81.010. The circuit court denied relief to protestants, thereby precipitating this appeal. Appellants/cross-appellees raise several questions concerning the propriety of the annexation, to wit: (1) inadequate notice of the City's intention to annex [KRS 81A.420, 83A.060(9)...

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