Frederick v. City of Louisville

Opinion of the Court by

Chief Justice Sims

Affirming.

Appellant, G. O. Frederick, instituted this action to enjoin the appellee, City of Louisville, from removing a concrete driveway he had constructed on the city’s property in front of his home at 106 Northwestern Parkway. The chancellor sustained a general demurrer to the petition and upon Frederick’s refusal to further plead, dismissed it and Frederick appeals.

Northwestern Parkway is a strip of land 120 feet wide, through the center of which runs a 40 foot paved road and on each side of this road is a grassplot 40 feet in width. At the edge…