Garner v. City of Lexington

CLAY, Commissioner.

We have before us a phase of an annexation proceeding. The plaintiffs’ complaint, attacking as void an ordinance proposing annexation, was dismissed.

By ordinance enacted in August 1955, the City of Lexington proposed to annex an adjacent area of unincorporated territory. Plaintiffs, residents and freeholders of that territory, timely filed a remonstrance suit objecting to the proposed annexation as authorized by KRS 81.140 (under the procedure outlined in KRS 81.110).

Approximately one year later in 1956, while this remonstrance suit was pending, the City enacted a new…