OAG 84-266 | KOGC

Request By:

Hon. Richard L. Robinson
Riggs, Riggs & Walker
P.O. Box 66
Erlanger, Kentucky 41018-0066

Opinion

Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General

This is in response to your letter of June 28 in which you relate that your law firm represents the city of Villa Hills which is considering annexing a portion of an adjacent city. You present several questions concerning the interpretation of KRS 81A.430.

The above statute, KRS 81A.430, was repealed by the 1984 General Assembly in Chapter 416 of the Acts, Section 20, effective July 13, 1984. The repeal of this statute, along with amendments to KRS 81A.400, 81A.410(2)(3) and 81A.450, effectively prohibits a city from annexing any adjacent city or any portion of such city.

As pointed out above, this repeal becomes effective July 13 and it would thus appear too late for the city to attempt to proceed under the repealed statutes. This being the case, we will not attempt to answer the questions presented. Also, OAG 82-545, and its interpretation of KRS 81A.430 , is no longer effective.

LLM Summary

In OAG 84-266, the Attorney General responds to an inquiry regarding the annexation of a portion of an adjacent city by the city of Villa Hills. The decision notes that the relevant statute, KRS 81A.430, along with other related statutes, was repealed by the 1984 General Assembly, which prohibits any city from annexing any part of another city. Consequently, the Attorney General declines to answer the specific questions posed about the now-repealed statutes and states that previous interpretations, such as OAG 82-545, are no longer effective.

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