Richardson v. Mehler
Court of Appeals of Kentucky
Case 44 — Action to Enforce " a Bien foe Street Improvement APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. ■Judgment for Plaintiff and Defendants Appeal.
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Case 44 — Action to Enforce " a Bien foe Street Improvement APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. ■Judgment for Plaintiff and Defendants Appeal. PROPOSITIONS DISCUSSED AND AUTHORITIES CITED. 1. The power to prescribe the kind and quality of materials to be - used in the original construction of public ways in cities of the first class, when such construction is at the cost of abutting property owners, is vested by law in the city Legislature, and such power can not be delegated to, nor exercised by, any executive or ministerial officer. Such power can be executed only by…
1Opinion of the Court
Opinion of the court by
JUDGE DuREDLE
Affirming.
This is an appeal from a judgment enforcing a lien upon abutting 'lots for improving the carriageway of Twenty-eighth street, between Kentucky street and Greenwood avenue, in Louisville. The case has been so carefully prepared the points relied on so clearly presented and so elaborate*415ly briefed, that we regret that in the limited time afforded us it will not be possible to do much more than state the questions and indicate the conclusions we have reached. The ordinance provided that: “The carriageway of Twenty-eighth street,, from the center line…
2Cases cited18 opinions
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
- City of Louisville v. KuntzCourt of Appeals of Kentucky · 1898
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Hydes v. JoyesCourt of Appeals of Kentucky · 1868
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Mannini v. McFarlandCourt of Appeals of Kentucky (pre-1976) · 1943
- Hager v. GastCourt of Appeals of Kentucky · 1905
- Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
22 more not listed; retrieve them via the Exa API.