K.A. v. State

STANLEY, Commissioner. The appeal is from a judgment declaring unconstitutional an Act of the Legislature, entitled AN ACT relating to cities. Chapter 42, Acts of 1946, now published as KRS 81.030 et seq. In denying a writ prohibiting the circuit court from entering the judgment, we held that an appeal might be had under what we deemed to be the proper construction of the provision in the Act which denied an appeal. We construed this as applying only to a judgment on the merits, or as to the factual conditions, and not to a judicial determination as to the constitutionality of the Act. Engle v. Miller, 303 Ky. 731, 199 S.W.2d 123. As stated there, the suit challenges the validity of the Act under which a group of inhabitants of the St. Matthews community petitioned for its incorporation as a city.