Meyer v. City of Covington
Court of Appeals of Kentucky
Case 76 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. 1. A city council has not absolute power in matters of street improvements, which they can use arbitrarily, but they are limited in their exercise by facts and circumstances surrounding each case. 2. The city council haa no power to compel property holders on a street to pay for widening or extending the same for the benefit of one or two individuals. 3. Property fronting on one street and extending back along the…
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Case 76 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. 1. A city council has not absolute power in matters of street improvements, which they can use arbitrarily, but they are limited in their exercise by facts and circumstances surrounding each case. 2. The city council haa no power to compel property holders on a street to pay for widening or extending the same for the benefit of one or two individuals. 3. Property fronting on one street and extending back along the line of another street, or alley, can not be called abutting property on the street or alley. 4. A judgment must…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
The appellee instituted this action in the Kenton Circuit Court against the appellant to enforce the collection of more than $700, the amount alleged to be due from him for certain street improvements, and claimed a lien on his property fronting or abutting ujion York street in the city of Covington, due upon the assessment for expenses incident to the widening of York street in said city.
The substance of appellant’s answer and defense is that there never was such street in the city of Covington as York street, and that it was never anything but a…
2Cases cited4 opinions
- Faught v. HenryCourt of Appeals of Kentucky · 1877
- Worthington v. City of CovingtonCourt of Appeals of Kentucky · 1884
- City of Covington v. WorthingtonCourt of Appeals of Kentucky · 1889
- Runyon v. DarnallCourt of Appeals of Kentucky · 1873
3Cited by14 opinions
- City of Covington v. SchlosserCourt of Appeals of Kentucky · 1911
- City of Middlesboro v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1934
- Latham v. LindsayCourt of Appeals of Kentucky · 1908
- Peicke v. City of CovingtonCourt of Appeals of Kentucky · 1923
- Neff v. Covington Stone & Sand Co.Court of Appeals of Kentucky · 1900
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