City of St. Matthews v. Beha

VANCE, Judge:

This is an appeal from a summary judgment of Jefferson Circuit Court which invalidated an annexation of territory by the City of St. Matthews, Kentucky, upon the ground that the city failed to publish notice of the filing of the annexation suit as required by statute.

St. Matthews is a fourth-class city. The statutes which govern the publication of notice in annexation procedures in fourth-class cities are KRS 81.210 and 81.220, which provide as follows:

“81.210 (3483) Annexation or reduction of territory by fourth-class city.

“Whenever a fourth-class city desires to annex any…