Grubb v. Wurtland Water District

PALMORE, Judge.

This is an action brought in the Greenup Circuit Court to declare void a judgment of the Greenup County Court establishing a water district under KRS 74.010 and to enjoin its commissioners from exercising the functions of their office. The plaintiffs appeal from a judgment sustaining a motion to dismiss.

KIRS 74.010 authorizes the county court to establish a water district upon petition of 75 resident freeholders of the proposed district, followed by public notice and hearing. Pursuant to this procedure the Greenup County Court entered a judgment on June 6, 1960, establishing…