Graham v. Conger
Court of Appeals of Kentucky
Case 72 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The act of the Legislature upon which plaintiffs rely is unconstitutional, because 1. The subject of the act is not expressed in the title. The title gives notice that only those to be benefited are to be taxed.
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Case 72 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The act of the Legislature upon which plaintiffs rely is unconstitutional, because 1. The subject of the act is not expressed in the title. The title gives notice that only those to be benefited are to be taxed. Hence, all legislation providing for a tax upon those not benefited is not germain to the title of the act. 2. The tax imposed upon the land-owners within the district is burdensome and oppressive, amounting to spoliation, and also is in violation of the principle which requires taxation to be uniform and equal. That…
1Opinion of the CourtChief Justice Pryor
By an act of the Legislature, approved the twenty-first of April, in the year 1882, on the petition, as is; alleged, of a large majority of persons owning property on either side of the Ferry Fountain road, in the county of J efferson, a tax was imposed on the owners-of the land lying between two lines parallel to the-center of the road, and distant on each side eight hundred feet, for the purpose of improving and macadamizing the road (that was then an ordinary county road)from the western boundary of the city of Louisville, extending to the bank of the Ohio river. The commissioners under…
2Cases cited1 opinion
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
3Cited by7 opinions
- Stone v. PryorCourt of Appeals of Kentucky · 1898
- Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- Sperry v. FlygareSupreme Court of Minnesota · 1900
- St. Benedict's Abbey v. Marion CountyOregon Supreme Court · 1908
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