Flincheum v. Hickman County Kentucky Board of Education

I concur in the result reached in the opinion but for the reasons I will express herein.

Appellants actively participated in the fiscal court proceedings, persuaded it to rescind the tax levy, and protested when it was reinstated. They did not appeal from the fiscal court order of reinstatement. Their attempt to intervene in the circuit court action was properly denied, and their declaratory judgment action was instituted contrary to the provisions of KRS 23.030, which provide in pertinent part:

“Appeals may be taken to the circuit court:(1) From all orders and judgments 1 of the fiscal court…