Legal Opinion

Nevin v. Roach

Court of Appeals of Kentucky

Decided November 3, 1887PublishedCited by 19 opinions

Case 65 — PETITIONS EQUITY APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1. Assessment for street improvement should extend an equal distance on each side of the street, except when there are parallel streets on each side already dedicated — then the assessment to extend one-half of the distance between the streets on each side.

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Case 65 — PETITIONS EQUITY APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1. Assessment for street improvement should extend an equal distance on each side of the street, except when there are parallel streets on each side already dedicated — then the assessment to extend one-half of the distance between the streets on each side. (12 Bush, 586, Preston v. Roberts.) 2. "When land is not divided by principal streets into what might reasonably be regarded as squares, it is the duty of the city council to fix the limit of the taxing district approximately to divisions into ordinary squares. (10…

1Opinion of the CourtChief Justice Pryor

These two cases were heard together in the court below, and as nearly all the questions raised in the one case apply to the other, they have been argued and will be considered as one case in this court.

The question made as to benefits to be derived from the local improvement in order to impose the burden, has been raised, if not directly decided, in many of *494the reported cases, and while it has often been shown, and particularly in this case, that no pecuniary gain by an increased value of the property is apparent by reason of such improvements, it is manifest that such improvements conduce to…

2Cases cited4 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Preston v. RobertsCourt of Appeals of Kentucky · 1877
  3. Hydes v. JoyesCourt of Appeals of Kentucky · 1868
  4. City of Louisville v. McKegneyCourt of Appeals of Kentucky · 1870

3Cited by19 opinions

  1. Creekmore v. Central Construction Co.Court of Appeals of Kentucky · 1914
  2. Barfield v. GleasonCourt of Appeals of Kentucky · 1901
  3. City of Louisville v. BitzerCourt of Appeals of Kentucky · 1903
  4. Baker v. CombsCourt of Appeals of Kentucky · 1922
  5. City of Maysville v. DavisCourt of Appeals of Kentucky · 1915

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