Pfaffinger v. Kremer
Court of Appeals of Kentucky
Case 59 — Action by Henry L. Kremer against Margaret Pfaffingeb and Others to Enforce a Lien fob Street Improvements APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment fob Plaintiff and Defendants Appeal.
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Case 59 — Action by Henry L. Kremer against Margaret Pfaffingeb and Others to Enforce a Lien fob Street Improvements APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment fob Plaintiff and Defendants Appeal. PROPOSITIONS INVOLVED. 1. When the amount apportioned or charged under the provisions of section 2833 of the Kentucky Statutes against a lot of land as its proportion of the cost of improving a public way along its front is as much or moré than such lot is worth, or could be made to bring at a fair sale thereof, the court will refuse to enforce the lien on such- lot in-…
1Opinion of the Court
Opinion op the court by
JUDGE O’REA-R
Reversing.
This appeal is prosecuted from a judgment enforcing a lien asserted by appellee, assignee of the contractor, on the lots of land belonging to appellants for the improvement by original construction of a part of Adams street, Louisville, from a line 228 feet northwestwardly of Maiden-Lane for a distance of 200 feet. The territory contiguous to the improvement sought to be taxed upon each side of Adams street is not defined into squares or principal streets, or bounded by principal streets, and therefore the general council, in the ordinance…
2Cases cited5 opinions
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
- City of Louisville v. Louisville Rolling Mill Co.Court of Appeals of Kentucky · 1867
- Mannen v. BradberryCourt of Appeals of Kentucky · 1883
- Sullivan v. NorrisCourt of Appeals of Kentucky · 1871
3Cited by3 opinions
- Hammon v. City of Louisville Ex Rel. Breslin Const. Co.Court of Appeals of Kentucky (pre-1976) · 1941
- Zehe's v. City of LouisvilleCourt of Appeals of Kentucky · 1906
- Engelhard v. Kentucky & Indiana Construction Co.Court of Appeals of Kentucky · 1915