City of Dayton v. Bellevue Water & Fuel Gaslight Co.
Court of Appeals of Kentucky
Case 92 — 'Action by the City of Dayton Against the Bellevue Water and Fuel Gaslight Co., to Recover Taxes! APPEAL FROM CAMPBELL CIRCUIT COURT — JOHN T. HODGE, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. QUESTIONS DISCUSSED AND AUTHORITIES. 1. A municipal corporation has no inherent power to exempt property from taxation by contract or otherwise. Cooley, Taxn., 200; Dillon, Mun.
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Case 92 — 'Action by the City of Dayton Against the Bellevue Water and Fuel Gaslight Co., to Recover Taxes! APPEAL FROM CAMPBELL CIRCUIT COURT — JOHN T. HODGE, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. QUESTIONS DISCUSSED AND AUTHORITIES. 1. A municipal corporation has no inherent power to exempt property from taxation by contract or otherwise. Cooley, Taxn., 200; Dillon, Mun. Corp., sec. 776; Lancaster v. Clayton, 86 Ky., 373; Whiting v. Town of W. Point, 15 Ky. Law Rep., 860; City of Tampa v. Kannitz, 63 A. S. R., 222; City of Austin v. Austin G. L. & C. Co., 69 Texas, 180.…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Reversing.
By an amendment to the charter of the city of Dayton approved April 9, 1888, the city council were authorized and empowered to contract for a supply of water for domestic, fire and general purposes, and for that purpose ivere authorized to grant any person or corporation the right to lay *716pipes and maintain fire plugs for any period of time they saw fit in the streets of the city of Dayton, and were authorized to levy and collect a tax to meet the obligations so incurred. By virtue of this amendment the city of Dayton, by its president and board of…
2Cases cited5 opinions
- Barbour v. Louisville Board of TradeCourt of Appeals of Kentucky · 1885
- Lancaster v. ClaytonCourt of Appeals of Kentucky · 1887
- Commonwealth v. MakibbenCourt of Appeals of Kentucky · 1890
- Commonwealth v. SteeleCourt of Appeals of Kentucky · 1895
- City of New Orleans v. St. Charles-Street RailroadSupreme Court of Louisiana · 1876
3Cited by3 opinions
- Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
- City of Winchester v. Winchester Water Works Co.Court of Appeals of Kentucky · 1912
- Purcell v. City of LexingtonCourt of Appeals of Kentucky · 1919