Legal Opinion

Dumesnil v. Shanks

Court of Appeals of Kentucky

Decided April 18, 1895PublishedCited by 8 opinions

Case 57 — PETITION EQUITY APPEAL EROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The quarter square is the taxing district; and each quarter square should pay for so much of the improvement as binds upon it and no more. (Cooper v. Nevin, 90 Ky., 85; Boone v. Nevin, 15 Ky. Law Rep., 547; Schmelz v. Giles, 12 Bush, 494; Washle v. Nehan, MS. Op. (97 Ky., 351); Meyer v. Zell, 14 Ky. Law Rep., 816; Zable v. Connelly, 6 Ky. Law Rep., 309; Shadburn v. Connelly, 6 Ky.

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Case 57 — PETITION EQUITY APPEAL EROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The quarter square is the taxing district; and each quarter square should pay for so much of the improvement as binds upon it and no more. (Cooper v. Nevin, 90 Ky., 85; Boone v. Nevin, 15 Ky. Law Rep., 547; Schmelz v. Giles, 12 Bush, 494; Washle v. Nehan, MS. Op. (97 Ky., 351); Meyer v. Zell, 14 Ky. Law Rep., 816; Zable v. Connelly, 6 Ky. Law Rep., 309; Shadburn v. Connelly, 6 Ky. Law Rep., 600.)

1Opinion of the Court

JUDGE EASTIN

delivered tiie opinion 'of the court.

Thie only question to be considered on tliis appeal is whether or not appellants have been properly assessed with a portion of the cost of improving a certain alley in the city of Louisville. As has been the case in most of the controversies of this nature, the question is not free from difficulty, and, as has been done in most of the other cases involving similar questions, this case must be largely considered and disposed of upon its own peculiar facts.

The alley in question here lies within that subdivision of *356territory, called and considered…

2Cases cited4 opinions

  1. Nevin v. RoachCourt of Appeals of Kentucky · 1887
  2. Cooper v. NevinCourt of Appeals of Kentucky · 1890
  3. Schmelz v. GilesCourt of Appeals of Kentucky · 1877
  4. Washle v. NehanCourt of Appeals of Kentucky · 1881

3Cited by8 opinions

  1. Missouri, K. & T. Ry. Co. v. City of TulsaSupreme Court of Oklahoma · 1914
  2. Flanagan v. City of TulsaSupreme Court of Oklahoma · 1915
  3. Krumpelman v. Louisville & Jefferson County Metropolitan Sewer DistrictCourt of Appeals of Kentucky (pre-1976) · 1958
  4. Bitzer v. O'BryanCourt of Appeals of Kentucky · 1900
  5. Holt v. FiggCourt of Appeals of Kentucky · 1906

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