City of Middlesboro v. Terrell

Opinion of the Court by

Judge Richardson

Reversing.

The city of Middlesboro, a city of the third class, in accordance with the authority conferred upon it by section 3458, Kentucky Statutes, adopted ordinances, the regularity of which is not disputed, for the construction of the street, at the expense of the abutting-property owners, fronting lots Nos. 31-33, block No. 506, section northeast, owned by “Charles Terrell and wife.”

After it was constructed, accepted, and approved, by the city’s legislative body, within the time fixed by the statute, they exercised the option accorded them by section…