Lowery v. City of Lexington
Court of Appeals of Kentucky
•Case 13 — Action by C. B. Lowery against the City op Lexington to Test the Validity of an Ordinance op Said City. APPEAL PROM PAYETTE CIRCUIT COURT. .Judgment por Dependant and Plaintiff Appeals.
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•Case 13 — Action by C. B. Lowery against the City op Lexington to Test the Validity of an Ordinance op Said City. APPEAL PROM PAYETTE CIRCUIT COURT. .Judgment por Dependant and Plaintiff Appeals. In the -charier of cities of the second class is the following section, to-wit, section 3J05: '“The general council shall havet power to construct sewers along or under any of the streets, alleysi or highways of the city, and may assess the entire cast, including intersections, oí constructing the same to an amount not exceeding one dollar per front foot of the abutting property upon the lots and…
1Opinion of the Court
Opinion of ti-ie court by
JUDGE NUNN
Affirming.
This action was instituted by C. B. Lowery, appellant, to test the validity of Ordinance No. 1372, passed by the city council of Lexington, Ky. The ordinance was to authorize and provide for the construction of a system oí sewers in the city of Lexington, and to order an election to determine the question of issuing $150,000 of bonds of the city for that purpose. The city demurred to the petition of appellant, the court sustained the demurrer, and adjudged that the ordinance was invalid and void. To test that question is the object of this appeal.
Th…
2Cases cited2 opinions
- Hydes v. JoyesCourt of Appeals of Kentucky · 1868
- Lowry v. City of LexingtonCourt of Appeals of Kentucky · 1902
3Cited by16 opinions
- American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
- City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
- Baughn v. Gorrell RileyCourt of Appeals of Kentucky (pre-1976) · 1949
- Tilford v. BelknapCourt of Appeals of Kentucky · 1907
- Booth v. City of OwensboroCourt of Appeals of Kentucky (pre-1976) · 1938
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