City of Covington v. Worthington
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. 1. The rule is, that property abutting on a street and peculiarly benefited by its construction, shall be assessed in proportion to its frontage. (Dillon on Municipal Law, vol. 2, sec. 616; Cleveland v. Wick, 48. Ohio Stat., 303.) 2. When property is taken for the public use of building a street, it is not necessary to first make payment to the owner of the land taken. It is sufficient that it be secured to him.
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Case 34 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. 1. The rule is, that property abutting on a street and peculiarly benefited by its construction, shall be assessed in proportion to its frontage. (Dillon on Municipal Law, vol. 2, sec. 616; Cleveland v. Wick, 48. Ohio Stat., 303.) 2. When property is taken for the public use of building a street, it is not necessary to first make payment to the owner of the land taken. It is sufficient that it be secured to him. (Jackson v. Winn, 4 Litt., 323; Duncan v. Mayor of Louisville, 8 Bush, 105; Gashweller v. Mc-Ilvoy, 1 Mar., 85.) 3. The…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion or the court.
This case is brought here to determine the validity of an act of the Legislature amending the charter of the city of Covington, approved March 5, 1876, and also the validity of an ordinance passed in pursuance of its provisions.
The city council, by a regular proceeding in the mayor’s court, condemned certain lots or parcels of lots in the city for the purpose of extending Stewart street from its present western terminus to Russell street. The regularity of the condemnation proceedings are not involved, and we must infer were such as the law…
2Cases cited2 opinions
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
3Cited by4 opinions
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
- Quirk v. City of SeattleWashington Supreme Court · 1905
- Becker County Sand & Gravel Co. v. WosickNorth Dakota Supreme Court · 1932