City of Okolona v. Lindsey

Respectfully, I dissent.

The filing of the petition to incorporate the City of Okolona gave the court subject matter jurisdiction. KRS 81.050(1) specifies that this is how the “proceedings” are “commenced,” and the validity of the petition is not questioned.

KRS 81.050(2) then provides that “the petition shall be docketed for hearing,” and further provides that “notice of the filing of the petition and of its object shall be given by publication pursuant to KRS Chapter 424.” KRS 81.060 then provides for the procedure “at the hearing.”

The defect in the notice vitiates the hearing, but there is…