Schmelz v. Giles
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT The statute on which the assessment is based is the act to amend the charter of the city of Louisville, approved Feb. 20, 1873: “That in lieu of section 12 of the charter, approved 3d of March, 1870, . . . the following law shall prevail concerning public ways.”
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Case 2 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT The statute on which the assessment is based is the act to amend the charter of the city of Louisville, approved Feb. 20, 1873: “That in lieu of section 12 of the charter, approved 3d of March, 1870, . . . the following law shall prevail concerning public ways.” Hence the only statutory provision regulating the assessment for the construction of public ways in Louisville is the second section of the same act, which reads as follows: “When the improvement is the original construction of any street, road, lane, or avenue, such…
1Opinion of the Court
JUDGE OOFEB
delivered the opinion of the court.
This was a suit to recover the contract-price for improving an alley in the city of Louisville lying between Broadway and *493Jacob streets, and extending from Logan Street to Shelby Street. The alley is situated 150 feet from Broadway and 230 feet from Jacob Street, and the cost of the improvement was-assessed on all the ground between the alley and Broadway, or to a depth of 150 feet on that side, while on the opposite side the assessment only extended to the depth of 30 feet from the alley.
The number of square feet between the alley and Broadway is…
2Cited by4 opinions
- Cooper v. NevinCourt of Appeals of Kentucky · 1890
- Dumesnil v. ShanksCourt of Appeals of Kentucky · 1895
- Loeser v. ReddCourt of Appeals of Kentucky · 1878
- Washle v. NehanCourt of Appeals of Kentucky · 1881