City of Owensboro v. Sweeney
Court of Appeals of Kentucky
■CASE 70. — ACTION BY THE CITY OF OWNESBORO AGAINST JAMES J. SWEENEY TO ENFORCE A LIEN FOR SPECIAL ASSESSMENTS FOR STREET SPRINKLING. — June 17, 190S. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. From a judgment of dismissal on demurrer to the petition plaintiff appeals — STATEMENT OF QUESTIONS DISCUSSED. 1. Constitutional Law.
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■CASE 70. — ACTION BY THE CITY OF OWNESBORO AGAINST JAMES J. SWEENEY TO ENFORCE A LIEN FOR SPECIAL ASSESSMENTS FOR STREET SPRINKLING. — June 17, 190S. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. From a judgment of dismissal on demurrer to the petition plaintiff appeals — STATEMENT OF QUESTIONS DISCUSSED. 1. Constitutional Law. The Act of March 21, 1906, (Acts 1896,. p. 376, ch. 94) authorizing assessments of abutting lots on streets, to pay the cost of sprinkling the streets in front thereof and making assessment a lien on the lots is not in violation of the constitution…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Affirming.
The only question we need consider in this case is: Has the General Assembly of the State the power to enact a law giving cities the right to adopt ordinances imposing upon property abutting upon the streets and public places of the city a tax based upon the frontage of the property for the purpose of defraying the cost of sprinkling the streets and public places upon which the property abuts?
It has been expressly ruled by this court in May-*610dwell v. Louisville, 116 Ky. 885, 25 Ky. Law Rep. 1062, 76 S. W. 1091, 63 L. R. A. 655, 105 Am. St. Rep.…
2Cases cited15 opinions
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
- Preston v. RobertsCourt of Appeals of Kentucky · 1877
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3Cited by8 opinions
- Power v. City of HelenaMontana Supreme Court · 1911
- City of Roswell v. BatemanNew Mexico Supreme Court · 1915
- Henderson Traction Co. v. City of HendersonCourt of Appeals of Kentucky · 1917
- Holst v. City of LaGrangeSupreme Court of Georgia · 1932
- Louisville Memorial Gardens, Inc. v. CarpenterCourt of Appeals of Kentucky · 1953
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