Legal Opinion

Trapp v. City of Newport

Court of Appeals of Kentucky

Decided June 9, 1903PublishedCited by 16 opinions

Case 98 — Action by John Trapp against the City of Newport and Others fop, a Mandatory Injunction to Award Him a Contract ' for Certain Street Improvements. APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals.

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Case 98 — Action by John Trapp against the City of Newport and Others fop, a Mandatory Injunction to Award Him a Contract ' for Certain Street Improvements. APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. PROPOSITIONS' DISCUSSED AND AUTHORITIES. 1. A city council has no. right or authority, in law, to arbitrarily, wilfully and fraudulently, and without any good -reason or excuse, reject the bid of the lowest and -best bidder for the ■reconstruction of a .street whoi has complied with .all .the specifications and provisions of the ordinance under whiicih the;…

1Opinion of the Court

Opinion of the court by

JUDjG-E BARKER

Affirming.

This action was instituted by tbe appellant in tbe Campbell circuit court against the city of Newport, and its mayor and general council, for the purpose of obtaining a mandatory injunction requiring tbe appellees, who constitute tbe city government of tbe municipality named, to award him tbe contract for making certain street improvements, to which be claimed to be entitled. Newport is a city of the second class, and its charter, therefore, is contained in article 3, c. 89, of tbe Kentucky Statutes of 1899. In tbe spring of 1902 tbe general…

2Cases cited5 opinions

  1. Anderson v. Public SchoolsSupreme Court of Missouri · 1894
  2. Kelly v. City of ChicagoIllinois Supreme Court · 1871
  3. People ex rel. Assyrian Asphalt Co. v. KentIllinois Supreme Court · 1896
  4. Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
  5. In re McCainSouth Dakota Supreme Court · 1896

3Cited by16 opinions

  1. Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
  2. HealthAmerica Corp. of Kentucky v. Humana Health Plan, Inc.Kentucky Supreme Court · 1985
  3. Fineran v. Central Bitulithic Paving Co.Court of Appeals of Kentucky · 1903
  4. Board Trustees Firemen's Pension Fund v. McCroryCourt of Appeals of Kentucky · 1909
  5. Electronics Unlimited, Inc. v. Village of BurnsvilleSupreme Court of Minnesota · 1971

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