WESSELS CONST. & DEVELOPMENT CO., INC. v. Com. of Kentucky

OPINION

BERTELSMAN, District Judge.

INTRODUCTION

This case involves an interpretation of the federal constitutional rights, if any, involved in the closing of a street under Ky. Rev.Stat.Ann. § 82.405 (Baldwin 1982), with respect to owners of properties which do not abut the portion of the street to be closed, and who therefore are not required to be made parties to the action to close it under Kentucky law. To understand the issues involved, it is first necessary to make reference to the text of § 82.405, which reads as follows:

“(1) Upon the adoption of an ordinance by the city legislative body…