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Cumberland Val. R. E. Coop. Corp. v. Public Serv
433 S.W.2d 103 (Ky. Ct. App. 1968)2 Citing cases
Personnel Board v. Heck
725 S.W.2d 13 (Ky. Ct. App. 1987) Cited 42 timesIn Personnel Board v. Heck, Ky.App., 725 S.W.2d 13, 17 (1986), we held that if an employee challenged the validity of the layoff procedures, the employee bears the burden of establishing non-compliance.
Taxpayer's Action Group of Madison County v. Madison County Board of Elections, Ky.App., 652 S.W.2d 666, 668 (1983). See also, Cumberland Valley Rural Electric Cooperative v. Public Service Commission, Ky., 433 S.W.2d 103, 105 (1968). Taxpayer's, supra, did no more than extend to administrative cases the rule that a trial court (in this case the administrative body acting as a trial court) should first be given the opportunity to rule on questions or asserted errors of the court or agency before they are available for appellate review.
Taxpayer's Action Group v. Madison Cty. Bd.
652 S.W.2d 666 (Ky. Ct. App. 1983) Cited 6 timesIn Taxpayer's Action Group v. Madison County Board of Elections, 652 S.W.2d 666, 668 (Ky.Ct.App. 1983), the Kentucky Court of Appeals noted that the decision under ยง 23A.010(4) to review an administrative determination rests within the discretion of Kentucky's trial courts.
Failure to raise an issue before an administrative board precludes a litigant from asserting that issue in an action for judicial review of the agency's action. Cumberland Valley Rural Electric Coop. Corp. v. Public Service Comm., Ky., 433 S.W.2d 103 (1968). Appellants' failure to raise their constitutional claim in the trial court bars them from asserting a due process claim on this appeal. It is a firmly established appellate principle that a trial court must first be given the opportunity to rule on a question for which review is sought.