City of Lexington v. Garner

STANLEY, Commissioner.

The appeal is a sequel to Garner v. City of Lexington, Ky., 306 S.W.2d 305, in which we held that the city was without power to adopt ordinances (Nos. 3551 and 3559) proposing to annex a small area while suit was pending in the circuit court contesting the validity of a previous ordinance (No. 3407) proposing to annex a large territory of which the smaller was a part. We reversed a judgment that the city had such power and directed a judgment consistent with our opinion.

The opinion was rendered October 25, 1957. Six days thereafter the city repealed ordinances Nos. 3551…