Barringer Land Co. v. Barber Asphalt Paving Co.

Opinion of the Court by

Judge Nunn

Affirming.

We have here the oft recurring question of the power of the General Council, of the city of Louisville, to compel payment by the abutting property owners for street improvements, as tested by the legality, or validity, of the preliminary proceedings taken by the council directing such improvements, and the issue is squarely made as to whether the General Council must fix the grade upon which a street shall be constructed at the time the work is ordered, or whether this is a matter which can be left to the Board of Public Works, subject to the…