Gilbertsville Fire Protection District, 121918 KYAGO, AGO OAG 18-21

Case DateDecember 19, 2018
CourtKentucky
Gilbertsville Fire Protection District
AGO OAG 18-21
No. OAG 18-021
Kentucky Attorney General Opinion
Commonwealth Of Kentucky Office Of The Attorney General
December 19, 2018
         Subject: May the boundaries of the Gilbertsville Fire Protection District be annexed or encroached upon by a later established fire protection district under KRS 75.020.          Requested by: Gilbertsville Fire Protection District          Written by: Sam Flynn, Assistant Attorney General          Syllabus: No fire protection district established pursuant to KRS 75.010 to KRS 75.080 may annex or encroach upon the boundaries of another pursuant to KRS 75.020(4).          Statutes construed: KRS 75.020.          OAGs cited: None.           OPINION OF THE ATTORNEY GENERAL          The Gilbertsville Fire Protection District, through Counsel, requested an opinion of this office as to whether its boundaries may be annexed or encroached upon by another fire protection district established under KRS 75.010 to KRS 75.080. For the reasons set forth below, we do not find that the Gilbertsville Fire Protection District's territory may be annexed or encroached upon in any manner not consistent with the statutory annexation procedures in KRS 75.020.          The Gilbertsville Fire Protection District was established in Marshall County, Kentucky on January 7,1981 pursuant to KRS Chapter 75. The Marshall County Fiscal Court later expanded the boundaries and territory of the District.          In 1983, the Marshall County Fiscal Court established the East Marshall Fire Protection District and the Palma Briensburg Fire Protection District, pursuant to KRS 75.010 to KRS 75.080.          The Gilbertsville Fire Protection District specifically asks whether either of these later-established fire protection districts, formed under KRS Chapter 75, may annex or encroach upon its territory. We find that they are...

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