Bitzer v. O'Bryan
Court of Appeals of Kentucky
Case 96 — ACTION TO ENFORCE ASSESSMENT FOR STREET IMPROVEMENTS APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. That proper tax district for assessment of costs of this improvement extends back from .Churchill street only to Zane street, if extended. Cooper v. Nevin, 90 Ky., 85; Dumesnil v. Shanks, opin.
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Case 96 — ACTION TO ENFORCE ASSESSMENT FOR STREET IMPROVEMENTS APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. That proper tax district for assessment of costs of this improvement extends back from .Churchill street only to Zane street, if extended. Cooper v. Nevin, 90 Ky., 85; Dumesnil v. Shanks, opin. April 18, 1895. 2. Payment of original apportionment warrant does not relieve lot owners from duty of payment of increased assessment under corrected apportionment. Stengel v. Preston, 89 Ky., 616. 3. That attested oopies of ordinance, authorizing improvement, the contract and…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
In 1889, Peter Bitzer was the contractor for the improvement of an alley fifteen feet wide from Eighth to Ninth street, being the first alley north of Churchill street. The city authorities proceeded upon the theory that the entire territory inclosed by Eighth and Ninth streets upon the east and west and by Kentucky and Churchill streets upon the north and south formed a single square within the meaning of the city charter, and that the cost.of the improvement should be apportioned among the owners of all the lots on the square; and the warrants…
2Cases cited8 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Mitchell v. St. Maxent's LesseeSupreme Court of the United States · 1866
- Pepper v. DonnellyCourt of Appeals of Kentucky · 1888
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3Cited by3 opinions
- Moore v. . RankinSupreme Court of North Carolina · 1916
- Knepfle's v. Town of SouthgateCourt of Appeals of Kentucky · 1922
- Orth v. R. B. Park & Co.Court of Appeals of Kentucky · 1904