Legal Opinion

City of Lexington v. Bowman

Court of Appeals of Kentucky

Decided February 14, 1905PublishedCited by 6 opinions

Case 108 — Action by J. Smith Bowman Against the City of Lexington, to set Aside a Lien fob Special Assessment for Street Improvements. APPEAL FROM FAYETTE CIRCUIT COURT-WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. SUMMARY. I. The doctrine of equitable estoppel broadly considered, II. The doctrine of waiver or aequiesence the true ground. ' III. The authorities considered.

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Case 108 — Action by J. Smith Bowman Against the City of Lexington, to set Aside a Lien fob Special Assessment for Street Improvements. APPEAL FROM FAYETTE CIRCUIT COURT-WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. SUMMARY. I. The doctrine of equitable estoppel broadly considered, II. The doctrine of waiver or aequiesence the true ground. ' III. The authorities considered. State v. Borough of East Rutherford (N. Y.), 47 Alt., 489; Wingate v. City of Astoria (Oregon), 65 Pa., 982; State v. City of Paterson (N. X), 51 A., 922; Gibson v. Owens, 115 Mo., 258, 21 S. W.,…

1Opinion of the Court

Opinion of the court by

CHIEF JUSTICE HOBSON

Reversing.

By an act of April 18, 1890 (2 Acts 1889-90, p. 899, c. 902), amending the charter of the city of Lexington, it was enacted that thé general council might provide by ordinance for the construction and reconstruction of the streets of the city, and order a special assessment to be made by the city assessor on the property fronting on the street that was improved. The assessment was directed to be returned to the council, and, if confirmed by it after notice to the property holders, it became final, and the council was authorized to levy a…

2Cases cited3 opinions

  1. Richardson v. MehlerCourt of Appeals of Kentucky · 1901
  2. Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
  3. City of Louisville v. GastCourt of Appeals of Kentucky · 1904

3Cited by6 opinions

  1. City of Covington v. SchlosserCourt of Appeals of Kentucky · 1911
  2. City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
  3. City of Middlesboro v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1934
  4. City of Jackson v. WillettTennessee Supreme Court · 1942
  5. City of Lexington v. WoolfolkCourt of Appeals of Kentucky · 1910

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