Adams v. City of Ashland

• Decision Date: 24 May 1904
• Citation: 80 S.W. 1105
• Parties: ADAMS v. CITY OF ASHLAND et al.
• Court: Kentucky Court of Appeals

80 S.W. 1105

ADAMS v. CITY OF ASHLAND et al.

Court of Appeals of Kentucky.

May 24, 1904

Appeal from Circuit Court, Boyd County.

"Not to be officially reported."

Action by T. M. Adams against the city of Ashland and others. From a judgment dismissing the petition, plaintiff appeals. Affirmed.

Proctor K. Malin, for appellant.

Hager &amp Stewart, for appellees.

O'REAR J.

Appellant filed a petition in the Boyd circuit court seeking to enjoin the city of Ashland and the mayor and members of the city council from entering into contracts for the paving of certain streets in that city, and to enjoin and restrain them from issuing bonds of the city to provide a fund to pay for the improvement. The suit involves the validity of an ordinance of the city (a city of the fourth class) passed pursuant to the provisions of section 3572, and the various subsections thereof, of the Kentucky Statutes of 1903. The ordinance provides that certain named streets of the city shall be paved with vitrified paving brick, with curbing and gutters. The cost was, by the ordinance, to be apportioned among the owners of abutting property according to the number of front feet owned by each. The ordinance also provides that bonds shall be issued for the cost of the improvement, which is admitted to be $70,000; the bonds, principal and interest to be paid out of the assessment against the property abutting upon the streets, and to be collected in 10 annual installments, in accordance with the provisions of section 3575, Ky. St. 1903.

It is admitted that appellant is the owner of a lot fronting 50 feet on one street, and 92 1/2 on another, which are embraced by the improvement ordered by the ordinance, and that prior to the adoption of the present charters of cities of the fourth class the city of Ashland was an incorporated city of this state, incorporated under act of assembly approved 11th of March, 1876 (2 Acts 1876, p. 389, c. 666); that under the provisions of that act the city council was empowered to grade, construct, and improve the streets of the city, and apportion the cost among the owners of property abutting upon the streets so improved according to the number of front feet owned by each; that the amounts so apportioned were liens upon such lots; that pursuant to the original charter the council of said city in the years 1890 and 1891 adopted an ordinance for the improvement of these same streets by grading and macadamizing same with cinders and mill ashes and that pursuant to...