Bateman v. City of Covington
Court of Appeals of Kentucky
Cash 64 — PETITION ORDINARY APPEAL FROM KENTON OIROUIT COURT. No brief in record. 1. The lease is not good, because it is not contemplated by the charter and because it is in conflict with an ordinance of the city. Persons contracting with a municipal corporation must take notice of its charter and the extent of its powers.
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Cash 64 — PETITION ORDINARY APPEAL FROM KENTON OIROUIT COURT. No brief in record. 1. The lease is not good, because it is not contemplated by the charter and because it is in conflict with an ordinance of the city. Persons contracting with a municipal corporation must take notice of its charter and the extent of its powers. (Murphy v. City of Louisville, 9 Bush, 127; Craycroft v. Selvage, 10 Bush.) 2. The lease is also bad, because it is against public policy and the rights of the public, and unauthorized by the general law. The city has no power to lease a public highway or give the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The city .of Covington, the appellee in this case, leased to the .appellants, Bateman & Woods, for the period of five years, a part of its wharf, bordering on the Ohio river, being a small strip of land between the river and the parallel street. The appellants were invested with all the rights of the city, and were given, by the terms of the lease, complete control of the wharf, binding themselves to nse the ground for wharf privileges only. At the time of the lease Shinkle was in possession of the wharf, using it for his own purposes, and the…
2Cases cited1 opinion
- Louisville City Railway Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1871
3Cited by6 opinions
- Inland Waterways Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1929
- Louisville Gas & Electric Co. v. Commissioners of SewerageCourt of Appeals of Kentucky (pre-1976) · 1930
- Commonwealth v. City of LouisvilleCourt of Appeals of Kentucky · 1909
- Historic Licking Riverside Civic Ass'n v. City of CovingtonKentucky Supreme Court · 1989
- Juneau Ferry & Navigation Co. v. MorganCourt of Appeals for the Ninth Circuit · 1916
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