KRS § 100.3471 — KY Code / Title IX / Chapter 100 / Section 100.3471
100.3471 Bond for appeal of Circuit Court's final decision in KRS Chapter 100 matter. (See LRC Note below)
Status: in_force

100.3471 Bond for appeal of Circuit Court's final decision in KRS Chapter 100

matter. (See LRC Note below)

(1) Any party that appeals the Circuit Court's final decision made in accordance with

any legal challenge under this chapter shall, upon motion of an appellee as set forth

in subsection (2) of this section, be required to file an appeal bond as set forth in

this section.

(2) Within thirty (30) days of the filing of the notice of appeal in Circuit Court, any

appellee may file a motion for the Circuit Court, pursuant to the jurisdictional

authority established in Rule 73.06 of the Kentucky Rules of Civil Procedure, to

order the appellant to post an appeal bond, which the Circuit Court shall impose,

subject to the other requirements of this sections. If an appellee does not move the

Circuit Court to require the appellant to post an appeal bond, the right to request an

appeal bond is waived.

(3) (a) Within thirty (30) days of an appellee filing a motion in Circuit Court for the

appellant to post an appeal bond, the Circuit Court shall conduct a hearing to

determine the amount of the appeal bond, issue findings of fact, and set the

bond amount with good and sufficient surety.

(b) In determining the amount of the appeal bond, the Circuit Court shall

determine if the appeal is presumptively frivolous, including but not limited

to:

1. Whether the appeal is of a ministerial or discretionary decision; and

2. Whether or not there exists a reasoned interpretation supporting the

appellant's position.

(c) If the Circuit Court determines that an appeal is presumptively frivolous, the

Circuit Court shall consider all costs, economic loss, and damages that the

appellee may suffer or incur during the pendency of, or that will be caused by,

the appeal, including attorney fees and court costs, up to a maximum bond

amount of two hundred fifty thousand dollars ($250,000).

(d) If the Circuit Court determines that an appeal is not presumptively frivolous,

the Circuit Court shall consider the costs that the appellee may incur during

the pendency of the appeal, including but not limited to attorney fees and

court costs, plus interest payable on land acquisition or development loans, up

to a maximum bond amount of one hundred thousand dollars ($100,000).

(e) Whether the Circuit Court makes a determination under paragraph (c) or (d)

of this subsection:

1. Costs and damages shall not include expenses incurred prior to the date

the notice of appeal is filed with the Circuit Court: and

2. The appellee has the burden to present sufficient evidence establishing

the appellee's cost and damages.

(f) The appeal shall be dismissed if the bond is not posted within fifteen (15)

days of the Circuit Court's determination of the bond amount.

(4) (a) Once an appeal pursuant to this section becomes final and unappealable,

either the appellant or the appellee may make a motion in the originating

Circuit Court requesting that the Circuit Court conduct a hearing to determine

the actual costs and damages to be paid to the appellee under the appeal bond.

(b) The Circuit Court shall hold the hearing within thirty (30) days of the request

and issue findings of fact as to the costs and damages within an additional

thirty (30) days.

(c) Costs and damages awarded under this subsection shall be limited to the

amount of the appeal bond.

(d) If neither party moves the Circuit Court within sixty (60) days pursuant to this

subsection, the Circuit Court may on its own motion release the appeal bond.

(5) Subsections (1) and (2) of this section shall not apply to the United States, the

Commonwealth of Kentucky or any of its municipal corporations or political

subdivisions, or any of their agencies or officers acting for or on their behalf, or to a

person challenging the creation or expansion of a landfill.