City of Catlettsburg v. Self
Court of Appeals of Kentucky
Case 82 — Action by John Self and Othebs against the City of Catlettsburg and Others, fob an Injunction to Prevent the City from Taxing their Property for Street Improvement.— APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. PLAINTIFF’S CONTENTION.
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Case 82 — Action by John Self and Othebs against the City of Catlettsburg and Others, fob an Injunction to Prevent the City from Taxing their Property for Street Improvement.— APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. PLAINTIFF’S CONTENTION. The plaintiffs do not question in itheir pleadings bnt admit, in their argument, the validity of the provisions! in icharter of cities [of the fourth class for malting local assessments against abutting property to pay the costs of paving the. streets upon which they abut, and only claim that the assessments in the…
1Opinion of the Court
*675Opinion of ihe court bi'
JUDGE O'REAR
Reversing.
Appellant city belongs to the fourth class. Thirty years or more ago certain of its streets had been graded and macadamized, at whose cost is not shown. The improvement-was quite deficient. The city council in 1900 determined to improve these ways by building them of fire-clay street paving brick, and to make the cost of the construction a charge against the abutting property. The proceedings were taken under section 3572, Ky. St., which allows: “The original construction of any street, road, alley, market’ space, lane, public square or grounds,…
2Cases cited6 opinions
- Quill v. City of IndianapolisIndiana Supreme Court · 1890
- Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
- McHenry v. SelvageCourt of Appeals of Kentucky · 1896
- City of Louisville v. TylerCourt of Appeals of Kentucky · 1901
- Becker v. City of HendersonCourt of Appeals of Kentucky · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
- Shaver v. Rice, MayorCourt of Appeals of Kentucky (pre-1976) · 1925
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- Castle v. City of LouisaCourt of Appeals of Kentucky · 1920
- German National Bank v. City of CovingtonCourt of Appeals of Kentucky · 1915
13 more not listed; retrieve them via the Exa API.