Hackworth v. Louisville Artificial Stone Co.
Court of Appeals of Kentucky
Case 25 — STREET ASSESSMENTS — APPEAL PROM SHELBY CIRCUIT COURT. Counsel contended that the judgment below must be reversed: 1. Because the city pretended by its notice to afford appellant an opportunity to build tne pavement himself, and yet denies him that opportunity by failing to have any plans or specifications by which he could do the work. 2. The ordinance is void because it did not fix the grade of the street or pavement. 3. Because there is no allegation or proof…
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Case 25 — STREET ASSESSMENTS — APPEAL PROM SHELBY CIRCUIT COURT. Counsel contended that the judgment below must be reversed: 1. Because the city pretended by its notice to afford appellant an opportunity to build tne pavement himself, and yet denies him that opportunity by failing to have any plans or specifications by which he could do the work. 2. The ordinance is void because it did not fix the grade of the street or pavement. 3. Because there is no allegation or proof that the ordinance was ever published as required by the charter. 4. Because the entire burden of this improvement is…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
The facts being substantially the same in these two cases, by consent of parties they are heard together. Both are suits upon apportionment warrants issued to appellees by the city council of Shelbyville for the cost of curbing and sidewalk in front of a lot owned by appellant, constructed under a contract with the city made pursuant to an ordinance, regularly approved, authorizing the letting of the work.
Appellant resists payment on several grounds. Tbe city council adopted an ordinance requiring appellant and other owners of certain described…
2Cases cited2 opinions
- Loeser v. ReddCourt of Appeals of Kentucky · 1878
- Board of Councilmen v. MurrayCourt of Appeals of Kentucky · 1896
3Cited by4 opinions
- Sayles v. Board of Public WorksMassachusetts Supreme Judicial Court · 1915
- Thomas v. Thomas' GuardianCourt of Appeals of Kentucky (pre-1976) · 1932
- Mudge v. WalkerCourt of Appeals of Kentucky · 1906
- Gaugh v. GatewoodCourt of Appeals of Kentucky · 1964