Legal Opinion

Cooper v. Nevin

Court of Appeals of Kentucky

Decided April 3, 1890PublishedCited by 12 opinions

Case 12 — PETITION EQUITY APPEAL EROM LOUISVILLE LAW AND EQUITY COURT. 1. In taxing for local improvements the square is the taxing district, and each square must pay for its contiguous street. (Schmelz v. Giles, 12 JBush, 491; McQuillan v. City of Lexington, 9 Dana, 513; Orayeroft v. Selvage, 10 Bush; Johnston v. Ferrill, 8 Ky.

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Case 12 — PETITION EQUITY APPEAL EROM LOUISVILLE LAW AND EQUITY COURT. 1. In taxing for local improvements the square is the taxing district, and each square must pay for its contiguous street. (Schmelz v. Giles, 12 JBush, 491; McQuillan v. City of Lexington, 9 Dana, 513; Orayeroft v. Selvage, 10 Bush; Johnston v. Ferrill, 8 Ky. Law Rep., 216.) Any territory bounded on all sides by principal streets is a square, and the squares may vary in depth or length without losing their character as squares. (Bradley v. McAtee, 7 Bush, 667; Broadway Baptist Church v. McAtee, 8 Bush, 508; Thomasson v.…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion oe the court.

The ordinance in question was passed in accordance with the provisions of the city charter, and the only trouble arises from the manner in which the burden *88of payment was imposed on the property bordering on the improvement. Each subdivision of territory, bounded on all sides by principal streets, is ordinarily .deemed a square, and such is the provision of the city charter; still the territory between the streets may be of such dimensions, covering a large area, as would show not only the necessity but • the certainty that such an area must at…

2Cases cited4 opinions

  1. Caldwell v. RupertCourt of Appeals of Kentucky · 1873
  2. Loeser v. ReddCourt of Appeals of Kentucky · 1878
  3. Stengel v. PrestonCourt of Appeals of Kentucky · 1890
  4. Schmelz v. GilesCourt of Appeals of Kentucky · 1877

3Cited by12 opinions

  1. Missouri, K. & T. Ry. Co. v. City of TulsaSupreme Court of Oklahoma · 1914
  2. Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
  3. Flanagan v. City of TulsaSupreme Court of Oklahoma · 1915
  4. Dumesnil v. ShanksCourt of Appeals of Kentucky · 1895
  5. Long v. Barber Asphalt Paving Co.Court of Appeals of Kentucky · 1912

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