Louisville Metro Health Department v. Highview Manor Association, LLC, et al.

Summary

The Supreme Court of Kentucky held that district courts lack appellate jurisdiction to review decisions of local code enforcement boards. Because a statutory limitation restricting district court review to the administrative record was unconstitutional, the court held that such proceedings must be conducted as de novo trials, including the ability to supplement the record. The court affirmed in part, reversed in part, and remanded.

Holdings

1. A Kentucky district court has no appellate jurisdiction and therefore may not review a code enforcement board decision solely for abuse of discretion on the administrative record.
2. Review of a code enforcement board's final order in district court is a de novo trial, permitting the court to supplement the record, hear arguments, make initial findings of fact and conclusions of law, and enter judgment.
3. The portion of KRS 65.8831(1) stating that an appeal to district court 'shall be limited to a review of the record created before the code enforcement board' is unconstitutional and must be severed.
4. The Court of Appeals was affirmed insofar as it held that district courts lack appellate jurisdiction and must conduct a de novo trial, but reversed insofar as it limited the district court to evidence introduced before the code enforcement board.

Questions Presented

1. Whether a Kentucky district court has appellate jurisdiction to review a local code enforcement board decision for abuse of discretion based solely on the administrative record.
2. Whether an appeal from a code enforcement board to a district court under KRS 65.8831(1) requires a de novo trial.
3. Whether the portion of KRS 65.8831(1) limiting district-court review to the record created before the code enforcement board is unconstitutional.
4. Whether the district court's de novo proceeding may consider evidence beyond that introduced before the code enforcement board.

Disposition

reversed_and_remanded