National Cast Iron Pipe Co. v. City of Paducah

Opinion of the Court by

Yan Sant, Commissioner

—Reversing.

The principal question to be determined is: May a city of the second class, in this case the City of Paducah, he held liable to the contractor for that portion of an assessment for sewer improvement which exceeds the value of the property upon which it has been levied, and which assessment, to the extent of such excess, amounts to spoliation? • The improvement under consideration was made under Section 3105, Carroll’s Kentucky Statutes, as compiled in the 1930 Edition. The Act was amended in the year 1930; but, since the improvement and…