City of Lebanon v. Creel
Court of Appeals of Kentucky
Case 55 — Action by R. E. Creel and Others to Have Certain Territory Stricken from the City Boundary of Lebanon APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. I. Reasonable time was not allowed the council, to consider the application of the appellees, and this suit was instituted before the council had acted upon said application.
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Case 55 — Action by R. E. Creel and Others to Have Certain Territory Stricken from the City Boundary of Lebanon APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. I. Reasonable time was not allowed the council, to consider the application of the appellees, and this suit was instituted before the council had acted upon said application. The application for a mandamus was premature and should have been dismissed. 2. The public can not be benefited by having the boundary changed in such a manner as to diminish the city and increase the burden of taxation on the…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Affirming.
The appellees, being resident citizens of the city of Lebanon, brought this action, seeking a mandamus compelling the board of councilman of the city to pass an ordinance, and to advertise such fact, defining the boundary and territory described and set out in a certain memorial or written petition signed by more than twenty-five voters and *365resident taxpayers of .the city of Lebanon, presented to and filed before the council, seeking to strike from the city boundary certain territory. The proceedings by appellees before the council were in…
2Cited by4 opinions
- Parrish v. WrightCourt of Appeals of Texas · 1927
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
- Gaskin v. City of GeorgetownCourt of Appeals of Kentucky · 1904
- Cornett v. ClementsCourt of Appeals of Kentucky (pre-1976) · 1948