Wallitsch v. Bennett

COMBS, Justice.

This is an appeal from a judgment of the Jefferson County Court establishing “Carol Avenue Road District” under chapter 184, KRS. The appellants are two property owners, subject to assessment, within the district.

A map was filed with the petition but was not referred to in the petition as is required by KRS 184.030(3). An amended petition was filed before judgment which did refer to the map. We think the defect in the petition was cured by the amendment. The cases cited by appellants on this point are not applicable.

The proposed road is 1802 feet in length, and 16 feet wide.…