Knipper v. City of Covington
Court of Appeals of Kentucky
Case 27 — Action ron an Injunction APPEAL FROM KENTON CIRCUIT COURT.. Judgment for Defendant and Plaintiff Appeals. The only question to be decided by this appeal is; — Can a city incur an indebtedness, in any one year in excess of the income and revenue, provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to he held for that purpose; notwithstanding the fact that there does exist an emergency, and that the public health and…
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Case 27 — Action ron an Injunction APPEAL FROM KENTON CIRCUIT COURT.. Judgment for Defendant and Plaintiff Appeals. The only question to be decided by this appeal is; — Can a city incur an indebtedness, in any one year in excess of the income and revenue, provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to he held for that purpose; notwithstanding the fact that there does exist an emergency, and that the public health and safety of the city, requires that such a debt be contracted? Our conten-' tion is that such a debt can not be contracted…
1Opinion of the Court
Opinion oe the court by
CHIEF JUSTICE HAZELRíGG
Reversing.
It is contended on this appeal that, if the public health or safety required it, a city, notwithstanding the inhibitory language of section 157 of the Constitution, may become indebted to an amount exceeding, in any year, the income and revenue provided for such year, without the assent of the voters. So much of that section as is pertinent reads as follow®;
“Section 157. ... No county, city, town, taxing dis-ing district, or other municipality shall be authorized or permitted to become indebted, in 'any manner or for any purpose, to an…
2Cited by15 opinions
- Payne v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1938
- Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
- McCrocklin v. Nelson County Fiscal CourtCourt of Appeals of Kentucky · 1917
- City of Winchester v. NelsonCourt of Appeals of Kentucky · 1917
- Southern Bitulithic Co. v. DeTrevilleCourt of Appeals of Kentucky · 1913
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