Legal Opinion

Button v. Kremer

Court of Appeals of Kentucky

Decided December 17, 1902PublishedCited by 1 opinion

Case 50 — Action by fí. L. Kremer against A. Button to Enforce a Lien for Apportionment Warrants. — Dec. 17. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment foii Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. When the territory contiguous to any street improved (in a city of the first class) is not defined into squares by principal- streets, the only property liable to assessment for such improvement, is that which fronts the improvement.

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Case 50 — Action by fí. L. Kremer against A. Button to Enforce a Lien for Apportionment Warrants. — Dec. 17. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment foii Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. When the territory contiguous to any street improved (in a city of the first class) is not defined into squares by principal- streets, the only property liable to assessment for such improvement, is that which fronts the improvement. Such property so fronting the improvement is by the existing law charged with its cost; and neither the council or the court can…

1Opinion of the Court

Opinion of ti-ie court by

JUDGE BURNAM

— Reversing.

On the 6th of June, 1898, the general council of the city of Louisville adopted the following ordinance for the original construction of the carriage way of Fourth street from the center line of Brandéis avenue, extended, to the south line of Brandéis avenue, extended:

“Be it ordained by the general council of the city of Louisville: That the carriage way of Fourth street, from the enter line of Brandéis avenue extended to the south line of Brandéis avenue extended, shall be thirty-six feet in width, and shall be improved by grading, curbing and…

2Cases cited1 opinion

  1. Caldwell v. RupertCourt of Appeals of Kentucky · 1873

3Cited by1 opinion

  1. Engelhard v. Kentucky & Indiana Construction Co.Court of Appeals of Kentucky · 1915

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