City of Lexington on Appeal
Court of Appeals of Kentucky
Cash 41 — PETITION EQUITY — APPEAL FROM FAYETTE CIRCUIT COURT. 1. A city of the second class, having contracted for the reconstruction of its streets under the authority of legislative enactment prior to the adoption of the new Constitution, may provide for the payment for such work, and an ordinance authorizing the issual of bonds for that purpose is not subject to the provisions and limitations of sections 157 and 158 of the Constitution.
Read the full summary
Cash 41 — PETITION EQUITY — APPEAL FROM FAYETTE CIRCUIT COURT. 1. A city of the second class, having contracted for the reconstruction of its streets under the authority of legislative enactment prior to the adoption of the new Constitution, may provide for the payment for such work, and an ordinance authorizing the issual of bonds for that purpose is not subject to the provisions and limitations of sections 157 and 158 of the Constitution. (Byrne, Solicitor, v. City of Covington, 15 Ky. L. R., 33; Holzhauer v. City of Newport, 15 . L. R., 188; Constitution of Ky., secs. 167, 168, 166;…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
The charter of cities of the second class provides that the validity of city ordinances and by-laws may be tried by writ of prohibition from the circuit court or upon ex parte petition of the city, or any bona fide citizen and resident thereof, to the circuit court, *260with right of appeal in any event to this court. In this case, the city of Lexington, a city of the second class, by its ex parte petition to the Payette Circuit Court, seeks to try the validity of an ordinance of its general council, passed in October, 1894, providing for the…
2Cases cited1 opinion
- Holzhauer v. City of NewportCourt of Appeals of Kentucky · 1893
3Cited by5 opinions
- Bosworth v. City of MiddlesboroCourt of Appeals of Kentucky · 1921
- City of Newport v. GlazierCourt of Appeals of Kentucky · 1917
- City of Lexington v. WoolfolkCourt of Appeals of Kentucky · 1910
- Ex parte City of CovingtonCourt of Appeals of Kentucky · 1917
- Rice v. City of PinevilleCourt of Appeals of Kentucky · 1925