Hughes v. Carl
Court of Appeals of Kentucky
Case 63 — INJUNCTION AGAINST MUNICIPAL TAXATION. APPEAL FROM PULASKI CIRCUIT COURT. The case of Board of Councilmen of the City of Frankfort v. ■Scott, 19 Ky. Law Rep., 1068, is conclusive of this case. The taxation of appellee’s property is illegal because they derive no benefit from the city government. Constitution, sec. 242; old Constitution, sec. 14, art. 13; 15 B. M., 498; 87 Ky., 267; 391; 92 Ky., 342; 10 Ky. Law Rep., 146, 185; 16 Ky. Law Rep., 172; 13 Ky.
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Case 63 — INJUNCTION AGAINST MUNICIPAL TAXATION. APPEAL FROM PULASKI CIRCUIT COURT. The case of Board of Councilmen of the City of Frankfort v. ■Scott, 19 Ky. Law Rep., 1068, is conclusive of this case. The taxation of appellee’s property is illegal because they derive no benefit from the city government. Constitution, sec. 242; old Constitution, sec. 14, art. 13; 15 B. M., 498; 87 Ky., 267; 391; 92 Ky., 342; 10 Ky. Law Rep., 146, 185; 16 Ky. Law Rep., 172; 13 Ky. Law Rep., 603.
1Opinion of the CourtChief Justice Hazelrigg
The judgment below perpetuates an injunction granted on behalf of appellees, property owners in the outer limits of the city of Somerset, for the reason, that, whilst their property is situated within the boundary lines of the city, they do not receive a corresponding benefit from the taxation sought to be enforced by the city authorities. In this judgment the chancellor followed the rule under the old Constitution as repeatedly announced by this court, and, while no change of this ruling growing out of the new Constitution had been announced by this court when this case was heard below, it…
2Cases cited1 opinion
- Board of Councilmen v. ScottCourt of Appeals of Kentucky · 1897
3Cited by4 opinions
- Moore v. Town of StamfordSupreme Court of Connecticut · 1947
- Atherton v. Village of Essex JunctionSupreme Court of Vermont · 1910
- Asher v. City of PinevilleCourt of Appeals of Kentucky · 1910
- Mullins v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1940