F. M. Vanmeter v. City of Paris

SIMS, Justice.

This is a second appeal; the first opinion appearing in Ky., 257 S.W.2d 909, gives the facts and issue involved, hence it is unnecessary to repeat them here. However, we will say that the only question decided on the first appeal was that the action was not prematurely brought and we there stated the question in issue is whether the Board of Commissioners must submit the proposed franchise ordinance to a vote of *50the people under KRS 89.250 at some general election.

Upon a return of the case to the circuit court appellants were allowed to file their amended petition wherein they…