City of Lexington v. Kentucky Chautauqua Assembly
Court of Appeals of Kentucky
Case 89 — Action by Kentucky Chautauqua Assembly against City of Lexington, Etc., to Enforce Contract with the City fob. the Sale of Woodland Paek. — Feb. 10. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment Overruling General Demurrer to Plaintiff’s Petition and Defendants Appeal.
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Case 89 — Action by Kentucky Chautauqua Assembly against City of Lexington, Etc., to Enforce Contract with the City fob. the Sale of Woodland Paek. — Feb. 10. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment Overruling General Demurrer to Plaintiff’s Petition and Defendants Appeal. This is a friendly suit to test the validity of an ordinance of the city of Lexington authorizing the submission to a popular vote the proposition to purchase the grounds of the Kentucky Chautauqua Assembly lying partly within and partly without the city, consisting of about twenty .acres, to be used by the city for a…
1Opinion of the Court
Opinion of tito court by
JUDGE BURNAM
— Affirming.
The appellant, the city of Lexington, has appealed in this case from a judgment of the Fayette circuit court overruling a general demurrer to the petition of appellee in a suit brought to require the defendant H. T. Duncan, as mayor, to carry out a contract made with the city council of Lexington for the purchase of Woodland Park. The facts alleged in the petition and conceded by the demurrer to be true are that the Kentucky Chautauqua Assembly, a corporation, through its president, proposed in writing to H. T. Duncan, mayor of the city, on…
2Cases cited3 opinions
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- City of Owensboro v. CommonwealthCourt of Appeals of Kentucky · 1899
3Cited by4 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Smith's Admr. v. Commissioners of Sewerage of LouisvilleCourt of Appeals of Kentucky · 1912
- City of Oakland v. ThompsonCalifornia Supreme Court · 1907
- Elliott v. City of LouisvilleCourt of Appeals of Kentucky · 1906