Legal Opinion

Lewis v. Town of Brandenburg

Court of Appeals of Kentucky

Decided November 16, 1898PublishedCited by 17 opinions

Case 3 — EQUITY 1. The power of appointing the trustees of the town of Brandenburg was in the county judge and not in the county court. Act March 19, 1894. This act repealed the act of March 16, 1894. 2. Section 3665 of the Kentucky Statutes is unconstitutional. Con. Sec. 27; Dillon on Mun. Corp., Sec. 9; Beach Pub. Corp., vol. 1, Sec. 80; Cooley on Const. Lim.

Read the full summary

Case 3 — EQUITY 1. The power of appointing the trustees of the town of Brandenburg was in the county judge and not in the county court. Act March 19, 1894. This act repealed the act of March 16, 1894. 2. Section 3665 of the Kentucky Statutes is unconstitutional. Con. Sec. 27; Dillon on Mun. Corp., Sec. 9; Beach Pub. Corp., vol. 1, Sec. 80; Cooley on Const. Lim. (4th ed.) 232; Stone v. Charles-town, 114 Mass., 220; People v. Bennett, 29 Mich., 451; Laramie County v. Albany County, 92 U. S., 307; Meriwether v. Garrett, 102 U. S., 472; Forsythe v. City of Hammond, 71 Fed. Rep., 443; Hides v.…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion of the court.

In 1896 the trustees of the town of Brandenburg passed an ordinance reciting that it was desirable and necessary to extend the boundary of the town on the east, north and west so as to include a described boundary of land, and declaring that the trustees proposed to annex such described boundary, which ordinance was adopted and published in accordance with section 3664, Kentucky Statutes. Within thirty days from the adoption of the ordinance, the appellant, who was a resident and freeholder of the territory proposed to be annexed, as permitted…

2Cases cited3 opinions

  1. Pence v. City of FrankfortCourt of Appeals of Kentucky · 1897
  2. Forsyth v. City of HammondCourt of Appeals for the Seventh Circuit · 1896
  3. Morton v. WoodfordCourt of Appeals of Kentucky · 1896

3Cited by17 opinions

  1. State Ex Rel. Gebhardt v. Superior CourtWashington Supreme Court · 1942
  2. City of Aurora v. BRYANTIndiana Supreme Court · 1960
  3. Masonic Widows & Orphans Home & Infirmary v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1948
  4. Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
  5. Boone County v. Town of VeronaCourt of Appeals of Kentucky · 1921

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API