Rich v. Woods
Court of Appeals of Kentucky
Case 115 — Action by Ellsworth Woods, &c., against Rena Rich to. Enforce an Apportionment Warrant for S'ewer. APPEAL FROM KENTON CIRCUIT COURT — W. MCD. SHAW, CIRCUIT JUDGE.
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Case 115 — Action by Ellsworth Woods, &c., against Rena Rich to. Enforce an Apportionment Warrant for S'ewer. APPEAL FROM KENTON CIRCUIT COURT — W. MCD. SHAW, CIRCUIT JUDGE. Judgment for Plaintiffs and Defendant Appeals. 1. Can the city of Covington require any property owner to pay more than $1.00 per foot toward sewer construction, abutting any single lot? 2. Appellant, as is admitted can not use this sewer; the assessment of any part of its cost against her property is therefore spoliation. AUTHORITIES CITED. 1. As to construction of sec, 3105, Kentucky Statutes. NeS v. Covington Stone and…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant owned a lot fronting on Pike street, and extending through to Eleventh, street, in the city of Covington. Heretofore her lot had been assessed $1 per front foot on Eleventh street for the construction of a sewer along that street. Recently the city, by ordinance regularly passed, provided for the further improvement of Pike street by the construction of a sewer along that thoroughfare at the expense of the owners of adjoining lots, but not to cost more than $1 per front foot of the property adjoining the way so improved. The work has been…
2Cited by10 opinions
- City of Covington v. SchlosserCourt of Appeals of Kentucky · 1911
- City of Lampasas v. HulingCourt of Appeals of Texas · 1918
- City of Williamsburg v. PerkinsCourt of Appeals of Kentucky (pre-1976) · 1931
- Katterjohn v. KingCourt of Appeals of Kentucky · 1924
- Town of Oneida v. PembertonTennessee Supreme Court · 1928
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