Vasseur v. City of Calvert City

CLAY, Commissioner.

Plaintiff appellants question the validity of a street assessment ordinance of the City of Calvert City and the constitutionality of the statute under the authority of which it was enacted. Their complaint was dismissed by the trial court.

KRS 94.294 authorizes a city to make and finance a street improvement by “stages”. Under this authority the ordi*309nance in question provided a program for improving streets in the following manner:

1. Each street was to be graded to a width of 16 feet and was to he surfaced with gravel and limestone roadmix.

2. Curbs, gutters and storm sewers…