Preston v. Rudd
Court of Appeals of Kentucky
Case 22 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The Legislature may provide for an assessment to pay the cost of the local improvement of a public way according to benefits, or by square feet within a given area, or according to frontage, and if the Legislature has fixed the district and laid the tax for the reason that in the opinion of the legislative. body such district is peculiarly benefited, its decision is conclusive.
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Case 22 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The Legislature may provide for an assessment to pay the cost of the local improvement of a public way according to benefits, or by square feet within a given area, or according to frontage, and if the Legislature has fixed the district and laid the tax for the reason that in the opinion of the legislative. body such district is peculiarly benefited, its decision is conclusive. (Dillon on Municipal Corporations, section 596; Cooley on Taxation, 450'; Desty on Taxation, volume 2, page 1263; - Burroughs on…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellees seek to enforce a contractor’s lien for the improvement of that portion of Jackson street in the city of Louisville, between Pulton and Water streets, against certain lots of the appellant,. Wm, Preston, lying adjacent to or near the improvement.
The relief sought is resisted upon numerous, grounds, none of which are, in our opinion, well founded, save .the one which we will now consider.
Jackson street runs north and south. Opening from it prior' to and when the improvement was-made, and northwardly, and from a point on it between…
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