At dispute in this case was passway located in Robertson County. Appellants, several individuals, contended that the passway was a private drive, whereas Appellees, Robertson County and one individual, contended that the passway was a county road. Appellants unsuccessfully petitioned the county fiscal court to abandon, or discontinue, the county road system. Appellants then filed a complaint in the circuit court seeking a declaratory judgment that the disputed section was not a lawfully adopted county road. The circuit court treated Appellants’ action as a de novo action for declaratory judgment, giving no deference to prior findings of the fiscal court action. The court of appeals reversed, holding that Appellants’ action could be brought in the circuit court only as an appeal from a decision of the fiscal court refusing to order the abandonment of the county road, not as a declaratory judgment action. The Supreme Court reversed, holding that Appellants properly invoked the declaratory judgment process of Ky. Rev. Stat. 413.040 to challenge the legal status of the disputed passway and that the action could not be characterized as an appeal from a fiscal court decision because no appealable event had occurred.
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