Wyatt v. City of Louisville
| Citation | 206 Ky. 432,267 S.W. 146 |
| Parties | WYATT v. CITY OF LOUISVILLE. |
| Decision Date | 19 December 1924 |
| Court | Court of Appeals of Kentucky |
Appeal from Circuit Court, Jefferson County, Chancery Branch, Second Division.
Suit by R. H. Wyatt against the City of Louisville. Judgment for defendant, and plaintiff appeals. Affirmed.
Peter Lee, Tabb & Krieger, of Louisville, for appellant.
Richard Priest Dietzman, of Louisville, for appellee.
The carriageway and curbing, as well as the sidewalks on Morton avenue in the city of Louisville, were originally constructed at the cost of the abutting property holders. By subsequent contract awarded by its board of public works, and approved by its legislative branch, the city ordered and contracted for the reconstruction of Morton avenue from Barrett avenue to Baxter avenue at the cost of the city. At the same time it enacted Ordinance No. 292, by which it was provided that the sidewalks on both sides of Morton avenue between the northeast curb line of Barrett avenue and southwest curb line of Baxter avenue should be regraded and recurbed at the cost of the owners of the ground fronting the improvement, and that where the present sidewalk paving adjoins the curbing to be renewed or reset, it should be repaved two feet in width adjoining the curb line with similar pavement. In making the improvement neither the sidewalk nor the grade will be improved or changed, except that where the curbing adjoins the grass plot between the pavement and the curb, any space between the grass plot and curbing, after it has been reset or renewed, will be filled with dirt, and except that where the curbing adjoins the extension of the main pavement which leads to the carriageway, any space between the bricks of the extension and the curbing, after it has been reset or renewed, will be filled by relaying the bricks of the extension immediately adjacent to the curb, and flush therewith.
Claiming that the city was without authority in the circumstances to reconstruct the curbing at the expense of the abutting property owners, R. H. Wyatt, one of their number, brought this suit under the Declaratory Judgment Act (Laws 1922, c 83) for a declaration of his rights. The facts being admitted, the chancellor held that the cost of renewing and resetting the curb was a valid charge against the abutting property, and Wyatt appeals.
Appellant's position is that the curb is not a component part of the sidewalk,...
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