POWELL v. CITY OF IRVINE


258 S.W.2d 706 (1953)

POWELL et al. v. CITY OF IRVINE et al.

Court of Appeals of Kentucky.

May 29, 1953.


Attorney(s) appearing for the Case

Redwine & Redwine, Marcus C. Redwine, Sr., and Marcus C. Redwine, Jr., Winchester, Kelly Kash, Irvine, for appellant.

Shumate & Shumate, H. M. Shumate and T. D. Shumate, Irvine, C. S. Landrum and C. E. Rice, Jr., Lexington, for appellee.


CLAY, Commissioner.

In 1952 the City of Irvine enacted an ordinance directing the closing of a portion of Madison Avenue between Railroad Street and Kirkland Avenue. Suit was filed pursuant to KRS 94.360, and the owners of property abutting on Madison Avenue within that block were made defendants. Their rights are not here involved.

Appellants sought to intervene in the suit, alleging among other things that: they owned property on Madison Avenue both north...

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