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ROBERTSON v. CITY OF DANVILLE

291 S.W.2d 816 (1956)

Berdick P. ROBERTSON and Lena Robertson, His Wife, Suing Individually and As Representatives of a Class of Property Owners in Danville, Kentucky, Appellants, v. CITY OF DANVILLE, Kentucky, Appellee.

Court of Appeals of Kentucky.

June 22, 1956.

Attorney(s) appearing for the Case

Pierce Lively, Danville, for appellants.

Cornelius W. Grafton, Wyatt, Grafton & Grafton, Louisville, Joe G. Davis, Wesley Gilmer, Jr., Danville, for appellee.

CAMMACK, Judge.

This action was brought by property owners to enjoin the City of Danville from constructing a sewer under the provisions of House Bill 389, which was passed, with an emergency provision, by the General Assembly at its 1956 Regular Session. The Act became effective when it was signed by the Governor on February 29th.

The Act, which is optional, and applicable to all cities, differs materially in several respects from the traditional front-footage...

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