Likins v. City of Clarkson

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 (1) the percentage of all of the freeholders who have remonstrated, and if that be 75% or more (as is conceded to be in .the present…