The Kentucky Court of Appeals held in Commonwealth of Kentucky ex rel. Cameron v. Boone Development of Kentucky, LLC,-S.W.3d-, 2022 WL 4587373, NO. 2021-CA-0411-MR (Ky. Ct App. Sep.30, 2022) that the state statute requiring the appellant in a case that has been decided by the circuit court to file an appeal bond, which the circuit court will issue following a hearing to determine the amount of the bond, was a constitutional exercise of power authorized by the Kentucky state constitution. Boone Development, LLC ("Boone")-had a land use dispute with the Nicholasville Board of Adjustment ("Board"). The Board was granted a judgment by the Jessamine Circuit Court At issue now were collateral proceedings in the Circuit Court concerning the Board's request for an appeal bond under KRS 100.3471. After Boone filed its notice of appeal, the Board filed a motion requesting that the court require Boone to pay an appeal bond. Boone argued that the statute was unconstitutional. The Commonwealth intervened to defend the constitutionality of the statute. The circuit court declared the statute unconstitutional. The parties cross-appealed to the Kentucky Court of Appeals.
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