Chesapeake & Ohio Railway Co. v. Mullins
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY — 1. The city charter requires actual notice to property owners before the city can construct a side-walk and charge the property with the expense of it.
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Case 61 — PETITION EQUITY — 1. The city charter requires actual notice to property owners before the city can construct a side-walk and charge the property with the expense of it. The act of 1882 requiring such notice was not repealed by the amendment of April 28, 1884. 2. The city council had no right, regardless of the charter, to charge abutting property with, the cost of constructing side-walks without first notifying the property-owner and affording him an opportunity to do the work himself. The proceedings of the council were regular, the appellant had notice provided by law, and the…
1Opinion of the Court
CHIBE JUSTICE BENNETT
delivered the opinion of the court
The city of Covington, by ordinance, ordered die construction of a sidewalk in front of the appellant’s property. The appellant having failed to construct *356the sidewalk, it was constructed by the appellee as contractor. He now sues the appellant for the price of construction and for an enforcement of a lien on the property.
Bjr section 1 of the act to amend the city charter, approved April 28th, 1884, it is provided in substance that the city of Covington shall have authority, by ordinance or resolution, by a vote of a majority of the…
2Cited by8 opinions
- Board of Levee Commissioners v. JohnsonCourt of Appeals of Kentucky · 1917
- Thomas v. City of FlintMichigan Supreme Court · 1900
- City of Maysville v. DavisCourt of Appeals of Kentucky · 1915
- Hutcherson v. Louisville & N. R.Court of Appeals of Kentucky (pre-1976) · 1933
- Campbell v. WellsCourt of Appeals of Kentucky (pre-1976) · 1939
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