City of Pikeville v. Pike County, Kentucky
2009 WL 723065
Opinion by Senior Judge Buckingham; Judges Dixon and Nickell concurred.
The Court affirmed an order of the circuit court granting a motion to dismiss appellants’ petition for declaration of rights and statutory action challenging a vote against the annexation of property belonging to appellees.
The Court held that the appellant City was precluded from contesting the election pursuant to KRS 120.250, because the statute gave only electors who were qualified to and did vote in the election the right to contest it.
The Court further held that appellants did not have an equitable right to challenge the vote, as their claim that appellees submitted an untruthful affidavit in order to vote on the annexation question fell within the parameters of the statute and therefore, could only be brought in an action pursuant to the statute. Any action for declaratory relief apart from the statute could only be brought in a suit alleging the election was void, not merely voidable.