(Download) "Davisworth v. City of Lexington" by Court Of Appeals Of Kentucky # eBook PDF Kindle ePub Free
eBook details
- Title: Davisworth v. City of Lexington
- Author : Court Of Appeals Of Kentucky
- Release Date : January 07, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
CLAY, Commissioner. Appellants, in this declaratory judgment proceeding, seek to have declared void a 1948 ordinance of the City of Lexington increasing the rates charged for use of its sewer system by property owners living outside the city limits. The Circuit Court (Special Judge Jay Harlan sitting) adjudged the ordinance valid. Reversal is urged on two grounds: (1) the ordinance violates a pre-existing contract between the City and the non-resident users of the service, and (2) the new rates fixed are arbitrary, unreasonable, excessive, and discriminatory. For a number of years suburban residential developments have expanded well beyond the city limits of Lexington. Prior to 1935, the City permitted the non-resident property owners to connect their private sewer lines to the city system. No charges were made for this privilege. In 1935 the City enacted ordinance No. 463, fixing a scale of fees to be paid for the use of the city facilities by those non-residents, and providing for the issuance of a permit by the City Treasurer. These charges ranged from $4.20 per year to $9.00 per year, depending upon the type of residential structure.
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