Meyer v. City of Covington

• Decision Date: 10 May 1898
• Citation: 103 Ky. 546,45 S.W. 769
• Parties: MEYER v. CITY OF COVINGTON. [1]
• Court: Kentucky Court of Appeals

45 S.W. 769

103 Ky. 546

MEYER v. CITY OF COVINGTON. ^[1]

Court of Appeals of Kentucky.

May 10, 1898

Appeal from circuit court Kenton county.

"To be officially reported."

Action by city of Covington against John Meyer to enforce a lien for the cost of widening a street. Judgment for plaintiff, and defendant appeals. Reversed.

J. M Dial, for appellant.

W. McD. Shaw, for appellee.

GUFFY J.

The appellee instituted this action in the Kenton circuit court against the appellant to enforce the collection of more than $700, the amount alleged to be due from him for certain street improvements, and claimed a lien on his property fronting or abutting upon York street, in the city of Covington, due upon the assessment for expenses incident to the widening of York street in said city. The substance of appellant's answer and defense is that there never was such street in the city of Covington as York street, and that it was never anything but a 10-foot alley running from Riddle street to Pike street, and parallel with Main and Philadelphia streets, and it was not necessary to improve said alley, or to widen it into a street; that it was not beneficial to the property owners to have said improvements made; that the council did not act according to law, and within the scope of their authority, in the condemnation proceedings; and denies that he was liable for any of the assessment, and that the council could not by any proceeding bind or force him to pay for more than 50 feet of frontage the same on Pike street; that the improvement was ordered for the benefit of Mrs. Blooemer, and that she was the only person who owned property on said alley without an outlet to some other street; and that the same was ordered improved against the protest of a majority of the property holders on said alley. The allegations in the answer were denied by reply. Upon final hearing the court rendered a personal judgment against the appellant for $718.83, with interest thereon from April 2, 1894, and its cost. The court further adjudged that the plaintiff has a lien therefor upon the real estate of the defendant beginning at Pike street, on the east side of York street, in this city, running thence north 296 1/2 feet, more or less, and that said property, or enough thereof to satisfy said lien, be sold, after advertising sale in both modes mentioned in rule No. 40 of this court. For services the master is allowed $15, to be paid by plaintiff and taxed as costs.

It seems to us that the general council of the city of Covington had jurisdiction to order the widening of York street, and that the council was the judge of the necessity therefor subject, of course, to the restrictions named in Worthington v. City of Covington, 82 Ky. 265, and Id. 88 Ky. 206, 10 S.W. 790, and 11 S.W. 1038; and we are further of the opinion that the property of the defendant adjoining said York street, or bordering thereon is in law abutting property, and therefore liable to be assessed for street improvements. It, however, seems to us that, if it be conceded that the city charter was intended to...