191 S.W.2d 403 (Ky.App. 1945), Miller v. City of Georgetown

Citation191 S.W.2d 403, 301 Ky. 241
Opinion JudgeREES, Chief Justice.
Party NameMILLER et al. v. CITY OF GEORGETOWN. UNITED CORPORATION, Inc., v. SAME.
AttorneyMcKnight & Shuff, of Georgetown, for appellants. Fred Lisanby, of Georgetown, for appellee.
Case DateDecember 21, 1945
CourtCourt of Appeals of Kentucky

Page 403

191 S.W.2d 403 (Ky.App. 1945)

301 Ky. 241

MILLER et al.

v.

CITY OF GEORGETOWN.

UNITED CORPORATION, Inc.,

v.

SAME.

Court of Appeals of Kentucky

December 21, 1945

Appeal from Circuit Court, Scott County; W. B. Ardery, Judge.

Separate condemnation proceedings by the City of Georgetown against John Miller and another, and against the United Corporation, Inc., to acquire property for a municipal off-street parking lot for automobiles. The proceedings were instituted in the county court. The City of Georgetown appealed to the Circuit Court from the decisions of the county court. From the judgments of the Circuit Court, the defendants in each case appeal.

Affirmed.

McKnight & Shuff, of Georgetown, for appellants.

Fred Lisanby, of Georgetown, for appellee.

REES, Chief Justice.

[301 Ky. 242] These two appeals have been consolidated since they present the same question for decision. That question is: Has a city of the fourth class authority to acquire property for a municipal parking lot?

The Board of Council of the City of Georgetown adopted an ordinance which contained the following preamble:

'Whereas there are no public or private parking lots for automobiles in Georgetown, and

'Whereas, all parking of automobiles is now done on the side of public streets in the city, and the parking of automobiles on said streets is presenting traffic congestions and problems that need to be eliminated and

'Whereas there is need for municipal parking facilities to relieve the city streets from much of the parking of cars thereon and to furnish parking facilities near the business section of said city, and

'Whereas, the following two tracts of land are centrally located near the business section of said city and can be used in connection with other property owned by the city for a municipal parking lot.'

The ordinance then described the two tracts of land. One tract is owned by United Corporation, and fronts on the west side of Court alley a distance of 28 ft. 9 in. and runs back in a western direction between parallel lines a distance of 110 ft., and is bounded on the north by a lot owned by the City of Georgetown. The other tract is owned by John Miller and adjoins the United Corporation lot on the south. The ordinance provided that upon its passage the proper city authorities might, if compensation for the property could not be agreed upon, proceed to condemn it as provided by law. The city authorities were unable to purchase the lots, and on August 3, 1944, condemnation proceedings were instituted in the Scott county court against each of the owners. The petition in each case alleged that the strip of land sought to be acquired was to be used in conjunction with an adjoining lot already owned by the city for a municipal or off-street parking lot for automobiles; that there were no public or private parking lots within the city, and it was necessary to acquire one for that purpose. An answer was filed in each case in which it was alleged that [301 Ky. 243] a municipality

Page 405

is without authority to acquire or maintain a parking lot, and that the acquisition or maintenance of a parking lot is not the acquisition or holding of the real estate for municipal purposes. The county court overruled the city's demurrer to the answer and sustained the defendant's demurrer to the petition. The city appealed to the circuit court which reversed the ruling of the county court and sustained the city's demurrer to the answer and overruled the defendant's demurrer to the petition. The defendant in each case has appealed.

The rule in this state is that a municipality possesses only such powers as the Legislature has expressly or impliedly conferred upon it. Commonwealth, Etc. v. Day, 287 Ky. 176, 152 S.W.2d 597; George v. City of Raceland, 279 Ky. 316, 130 S.W.2d 825. As expressed in Herd v. City of Middlesboro, 266 Ky. 488, 99 S.W.2d 458, 459: 'A municipal corporation has only such powers as are expressly granted to it by its charter, or which are necessarily implied or incident to those so granted, or which are indispensable to the declared objects and purposes of the corporation.'

Further along in the opinion it was said: 'But when a particular power has been delegated to a municipal corporation by the Legislature without any express limitations, the extent to which it shall be exercised rests in the discretion of the municipal authorities, and the courts cannot interfere so long as it is exercised in good faith and for municipal purposes. One of the powers indispensable to the purposes of a municipal corporation is the power to provide for the protection of the health, safety, and welfare of its inhabitants.'

KRS 86.110 sets forth the general powers of the board of council of a city of the fourth class. It provides that the city council may purchase, upon a vote of two-thirds of the members of the...

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17 practice notes
  • 98 A.2d 523 (Conn. 1953), Barnes v. City of New Haven
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 2, 1953
    ...v. Linares, 16 Cal.2d 441, 447, 106 P.2d 369; Poole v. City of Kankakee, 406 Ill. 521, 526, 94 N.E.2d 416; Miller v. City of Georgetown, 301 Ky. 241, 246, 191 S.W.2d 403; Wayne Village President v. Wayne Village Clerk, 323 Mich. 592, 597, 36 N.W.2d 157, 8 A.L.R.2d 357; Cleveland v. City of ......
  • 273 S.W.2d 95 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • October 27, 1954
    ...public parking places relieve congestion and reduce traffic hazards and therefore serve a public purpose." Miller v. Georgetown, 301 Ky. 241, 191 S.W.2d 403, 406: No express authority to issue bonds for off-street parking. Land to be used for off-street parking. K.R.S. Sec. 86.120 auth......
  • 296 S.W.2d 299 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • September 5, 1956
    ...included off-street parking facilities, though such facilities were not specifically named. See also, Miller v. City of Georgetown, 301 Ky. 241, 191 S.W.2d 403; State ex rel. Gordon v. Rhodes, 156 Ohio St. 81, 100 N.E.2d 225. Other precedents have approved the exercise of power to provide o......
  • 439 So.2d 83 (Ala. 1983), 81-790, Florence v. Williams
    • United States
    • Alabama Supreme Court of Alabama
    • September 30, 1983
    ...is a "public use," other jurisdictions clearly recognize this use as being public. See, e.g., Miller v. City of Georgetown, 301 Ky. 241, 191 S.W.2d 403 (1945); Bowman v. Kansas City, 361 Mo. 14, 233 S.W.2d 26 (1950). The Alabama legislature, moreover, has implicitly recognized tha......
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16 cases
  • 98 A.2d 523 (Conn. 1953), Barnes v. City of New Haven
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 2, 1953
    ...v. Linares, 16 Cal.2d 441, 447, 106 P.2d 369; Poole v. City of Kankakee, 406 Ill. 521, 526, 94 N.E.2d 416; Miller v. City of Georgetown, 301 Ky. 241, 246, 191 S.W.2d 403; Wayne Village President v. Wayne Village Clerk, 323 Mich. 592, 597, 36 N.W.2d 157, 8 A.L.R.2d 357; Cleveland v. City of ......
  • 273 S.W.2d 95 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • October 27, 1954
    ...public parking places relieve congestion and reduce traffic hazards and therefore serve a public purpose." Miller v. Georgetown, 301 Ky. 241, 191 S.W.2d 403, 406: No express authority to issue bonds for off-street parking. Land to be used for off-street parking. K.R.S. Sec. 86.120 auth......
  • 296 S.W.2d 299 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • September 5, 1956
    ...included off-street parking facilities, though such facilities were not specifically named. See also, Miller v. City of Georgetown, 301 Ky. 241, 191 S.W.2d 403; State ex rel. Gordon v. Rhodes, 156 Ohio St. 81, 100 N.E.2d 225. Other precedents have approved the exercise of power to provide o......
  • 439 So.2d 83 (Ala. 1983), 81-790, Florence v. Williams
    • United States
    • Alabama Supreme Court of Alabama
    • September 30, 1983
    ...is a "public use," other jurisdictions clearly recognize this use as being public. See, e.g., Miller v. City of Georgetown, 301 Ky. 241, 191 S.W.2d 403 (1945); Bowman v. Kansas City, 361 Mo. 14, 233 S.W.2d 26 (1950). The Alabama legislature, moreover, has implicitly recognized tha......
  • Request a trial to view additional results