City of Erlanger v. American Isowall Corp.

HAYES, Chief Judge.

In these appeals which were heard together, we are asked to determine whether an industrial plant may maintain an action to invalidate an annexation ordinance which fails to comply with the criteria of KRS 81.280, when said plant has not filed a remonstrance suit within the thirty (30) day statute of limitations set forth in KRS 81.-110.

The facts of the first case, City of Erlanger v. American Isowall Corporation et al. follow. Erlanger, a city of the third class, enacted Ordinance # 1614 on February 15, 1977 in which it proposed to annex an unincorporated area in which…