Chesapeake & Ohio Railroad v. City of Morehead

Opinion op the Court by

Judge McCandless

Affirming.

The city of Morehead, a city of the fifth class, duly enacted an ordinance for the paving of certain streets at the expense of the abutting property owners, and let a contract therefor to Godfrey Miller. The Chesapeake & Ohio Railroad Company, as successor of the Elizabeth-town & Big Sandy Railway Company, owns about 815 feet abutting Railroad street, one of the streets to be improved, and which it claimed was exempt from assessment. The contractor being unwilling to proceed, the city filed action under the Declaratory Judgment Act (Civil Code…