Davisworth v. City of Lexington

Clay, Commissioner

Affirming.

Appellants, in this declaratory judgment proceeding, seek to have declared void a 1948 ordinance of the City of Lexington increasing the rates charged for use of its sewer system by property owners living outside the city limits. The Circuit Court (Special Judge Jay Harlan sitting) adjudged the ordinance valid. Reversal is urged on two grounds: (1) the ordinance violates a pre-existing contract between the City and the npn resident users of the service, and (2) the new rates fixed are arbitrary, unreasonable, excessive, and discriminatory.

For a number of years…