Highbaugh v. Hardin County
Court of Appeals of Kentucky
Case 5 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. The duty required of the fiscal court being mandatory, mandamus lies against it to compel compliance with the statute. In any ■ view of the statute, the appellants were at least' entitled to a hearing before the fiscal court. (Hoke v. Commonwealth, 79 Ky., 567; Commonwealth v. Boone County Court, 82 Ky., 632; Baldwin v. Shine, 84 Ky., 502; Cassidy v. Young, 92 Ky., 228; Kelley v. Toney, 15 Ky.
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Case 5 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. The duty required of the fiscal court being mandatory, mandamus lies against it to compel compliance with the statute. In any ■ view of the statute, the appellants were at least' entitled to a hearing before the fiscal court. (Hoke v. Commonwealth, 79 Ky., 567; Commonwealth v. Boone County Court, 82 Ky., 632; Baldwin v. Shine, 84 Ky., 502; Cassidy v. Young, 92 Ky., 228; Kelley v. Toney, 15 Ky. Law Rep., 718.) 2. The phraseology of the statute shows plainly that no discretion was intended to be left to the fiscal court in making…
1Opinion of the CourtChief Justice Pryor
This is no case for a mandamus.
The appellants, some twenty or thirty in number, made application to the Hardin Fiscal Court for aid in the construction of a turnpike in Magisterial District No. 2 under the provisions of article 6 of chapter 52, Kentucky Statutes.
Section 1S86 of that article gives plenary power to the fiscal court of any county in the State to appropriate any surplus money in its treasury to improving county roads, such as grading, graveling, building turnpikes, etc.
Section 1887 provides that “should any magisterial' district or districts desire to unite in building a turnpike…
2Cited by4 opinions
- Commonwealth ex rel. Hawkins v. McCroneCourt of Appeals of Kentucky · 1913
- Farmer v. MarrCourt of Appeals of Kentucky (pre-1976) · 1931
- Madison Fiscal Court v. EdesterCourt of Appeals of Kentucky (pre-1976) · 1945
- Bailey v. Carter CountyCourt of Appeals of Kentucky (pre-1976) · 1933