Hedger v. Kinsella

Opinion of the Court by

Judge Tilford

Reversing.

The facts out of which this litigation arose are fully stated in our opinion in the case of Hedger et al. v. Allmoslechner, 276 Ky. 553, 124 S. W. (2d) 785, in which we held that the Kenton Circuit Court should have dismissed the petition for lack of jurisdiction, and erred in attempting to adjudicate the major question involved, namely, whether the appellants could compel payment by owners of property in Boone County of their proportionate share of the cost of an abutting street constructed pursuant to an ordinance of the town of Erlanger in…