Levy v. Curlin

CLAY, Commissioner.

This is a declaratory judgment proceeding brought by appellant property owners and lessees to determine: (1) the right of the City of Louisville and the State Department of Highways to widen the carriageway of Second and Third Streets in the City of Louisville, and (2) whether or not appellants must bear the expense of altering their premises so as to furnish adequate lateral and subjacent support. The Chancellor determined these questions adversely to appellants.

Second and Third Streets in Louisville are 60 feet wide from building line to building line. Prior to 1951 the…