McHenry v. Selvage
Court of Appeals of Kentucky
Case 40 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The method of apportionment adopted in this case does not apply where 'the property is divided off into squares, as -it was in this case. (Burnett’s Code, chap. 36, sec. 2.) 2. All ordinances before they are enforced shall be published in at least one or more of the daily newspapers published ‘in Louisville.
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Case 40 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The method of apportionment adopted in this case does not apply where 'the property is divided off into squares, as -it was in this case. (Burnett’s Code, chap. 36, sec. 2.) 2. All ordinances before they are enforced shall be published in at least one or more of the daily newspapers published ‘in Louisville. (Charter of Louisville; Ormstoy v. City of Louisville, 79 Ky., 197.) 3. The portion of the old turnpike in question was used and treated as a city highway by the city for years after it was included…
1Opinion of the Court
JUDGE HAZELRIGG
delivered tiie opinion of the court.
Whether the lot owners shall pay the cost of improving Shelby street in the city of Louisville, or whether said improvement must be at the expense of the city, is the chief question on this appeal.
*234The statutes provide that when the improvement is the original construction of any street, road, lane, alley or avenue such improvement shall be made at the exclusive cost of the owners of the lots; but when the improvement is the reconstruction of such streets, etc., the city is to pay the costs. The law seems to have been founded on the theory…
2Cases cited1 opinion
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
3Cited by14 opinions
- Kerker v. BocherSupreme Court of Oklahoma · 1908
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- City of Catlettsburg v. SelfCourt of Appeals of Kentucky · 1903
- Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
- Gernert v. City of LouisvilleCourt of Appeals of Kentucky · 1913
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