Green v. Commonwealth
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY APPEAL FROM BELL CIRCUIT COURT. The power to classify the various cities of the Commonwealth is vested in thelLegislature and in no other department of the government, and the courts have no power to review the action of the Legislature. (Constitution of Ky., sec. 156; Cooley’s Const. Limit.
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Case 39 — PETITION ORDINARY APPEAL FROM BELL CIRCUIT COURT. The power to classify the various cities of the Commonwealth is vested in thelLegislature and in no other department of the government, and the courts have no power to review the action of the Legislature. (Constitution of Ky., sec. 156; Cooley’s Const. Limit. (5th ed.), p. 221, and cases cited.) As the city of Pineville was not constitutionally named as a city of the fourth class, it was not named a,i all, and not being named, it was, by the act classifying cities, section12, classified as a town of the sixth clas
1Opinion of the Court
JUDGE HAZEURIGG
delivered the opinion oe the court.
By an act of the G-eneral Assembly of the State, approved September 30, 1892, the cities of the Commonwealth were classified as required under the provisions of section 156 of the Constitution. The city of Pineville, Bell County, was classified or designated as a city of the fourth class. On June 28, 1893, the charter of cities of the fourth class was approved, and thereafter the mayor and council of the city of Pineville proceeded to enact such ordinances as were provided for in the charter for cities of this class, and otherwise to run the…
2Cited by5 opinions
- Holsclaw v. StephensCourt of Appeals of Kentucky (pre-1976) · 1974
- Griffin v. PowellCourt of Appeals of Kentucky · 1911
- Town of London v. BrownCourt of Appeals of Kentucky · 1919
- Commonwealth of Kentucky, Ex Rel. Attorney General Russell Coleman v. Perry County Fiscal Court, as a Political Subdivision and on Behalf of the Residents of Perry County, KentuckyCourt of Appeals of Kentucky · 2025
- Holsclaw v. StephensCourt of Appeals of Kentucky (pre-1976) · 1974