City of Hazard v. Payne

DAVIS, Commissioner.

This appeal is prosecuted by the City of Hazard and certain officials of that city seeking reversal of a judgment allowing recovery of slightly more than $15,000 to certain residents of the Lothair section of Hazard. The issues presented will be better understood after a recitation of the factual background.

In 1965 Hazard annexed the town of Lothair. Prior to the annexation, Hazard had outstanding certain bond issues for the financing of the city water and sewer system. A sewer charge was fixed at 90% of the monthly water bill of the patrons of the water and sewer system.…