Board of Councilmen v. Murray
Court of Appeals of Kentucky
Case 69 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1.The city charter was not only substantially but literally complied with; the appellee knew that improvements were being made all the time and raised no objection until he was called upon to pay, and he should reimburse the city. (Fox v. Middlesborough Town Co., 16 Ky.
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Case 69 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1.The city charter was not only substantially but literally complied with; the appellee knew that improvements were being made all the time and raised no objection until he was called upon to pay, and he should reimburse the city. (Fox v. Middlesborough Town Co., 16 Ky. Law Rep., 455; Embry v. San Francisco Gas Co., 2S Cal., 372; Elliott on Roads and Streets, pages 415, 416, 420.) 1. The ordinance in question is in-valid because it orders and directs the lot owners “to cause good and sufficient sidewalks to be laid in front of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The common council of the city of Frankfort, a city of the third class, adopted an ordinance requiring the appellee and other owners of certain described property, within thirty days, to construct sidewalks, curbing and gutter ways, *424of a particular description, in front of their respective lots.
The appellee, failing for the time indicated to comply with the ordinance after notice of its passage, the mayor, after advertisement as provided by law, contracted for the construction of the work with the appellant, Noonan, which contract was ratified…
2Cases cited1 opinion
- Calhoun v. AtchisonCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- Town of Hardinsburg v. MercerCourt of Appeals of Kentucky · 1916
- Hackworth v. Louisville Artificial Stone Co.Court of Appeals of Kentucky · 1899