Kentucky Supreme Court Declares Bond Requirement Unconstitutional

In a decision issued on August 22, 2024, the Kentucky Supreme Court struck as unconstitutional, a statute enacted by the General Assembly in 2017 that imposed a substantial financial bond as a condition of appealing any planning or zoning decision from circuit court to the court of appeals.

KRC testified in opposition to the bill during the 2017 session and later drafted a “stock” brief that was utilized by several attorneys around the commonwealth in their opposing the burdensome bond requirements.  Several circuit courts had declared the law to be unconstitutional, and those cases were heard by the Supreme Court at the same time. KRC filed a “friend of the court” (amicus) brief, found here, before the Supreme Court. In striking down the statute, the Court’s majority opinion declared that “we hold KRS 100.3471 is unconstitutional since it encumbers the individual right of Kentuckians to at least one appeal; and, in so doing, it invades the rule-making power of this Court and operates to strip the Court of Appeals of its inherent appellate jurisdiction.”

The decision becomes final in early September unless a party seeks rehearing.  If rehearing is granted in the 4-3 decision, KRC will seek leave to file another brief in support of the decision and responding to the erroneous analysis in the dissenting opinion that would have upheld the punitive and selective bond requirement.