Board of Councilmen v. Brawner
Court of Appeals of Kentucky
Case 30 — AGREED CASE APPEAL PROM PBANKLIN CIRCUIT COURT. 1. The power given by statute to the board of council to create the Board of Public Works carried with it the implied power to abolish that board at will, there being nothing in the statutes showing a legislative inteht to withhold the power to abolish. (29 N. J. Eq., 478; Dillon on Mun.
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Case 30 — AGREED CASE APPEAL PROM PBANKLIN CIRCUIT COURT. 1. The power given by statute to the board of council to create the Board of Public Works carried with it the implied power to abolish that board at will, there being nothing in the statutes showing a legislative inteht to withhold the power to abolish. (29 N. J. Eq., 478; Dillon on Mun. Cor., secs. 231-2, note 1.) 2. The fact that it is provided in the charter that the members of the Board of Public Works shall hold their offices for four years does not take from the council the authority to abolish the board during that time. (Halsey…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT., Section 3426 Kentucky Statutes is as follows: “The common council of the cities of the third class may, by ordinance, establish a board of public works to consist of three freehold electors of said city and who have been bona fide residents of the city so establishing said board of public works for two years next before their appointment. Said ordinance shall require the mayor of said city to appoint said board of public works in one month from the passage of the ordinance creating said board, and no two of said members of the board of public…
Also in this document: Per curiam.
2Cases cited1 opinion
- Todd v. DunlapCourt of Appeals of Kentucky · 1896
3Cited by18 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Folks v. Barren CountyCourt of Appeals of Kentucky · 1950
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Folks v. Barren CountyCourt of Appeals of Kentucky (pre-1976) · 1950
- Boone v. Citizens Bank & Trust Co.Tennessee Supreme Court · 1927
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