GARNER v. CITY OF LEXINGTON


306 S.W.2d 305 (1957)

James H. GARNER et al., Appellants, v. CITY OF LEXINGTON, a Municipal Corporation, Appellees.

Court of Appeals of Kentucky.

October 25, 1957.


Attorney(s) appearing for the Case

Frank S. Ginocchio, Wheeler B. Boone, Lexington, for appellants.

Stoll, Keenon & Park, Lexington, for appellees.


CLAY, Commissioner.

We have before us a phase of an annexation proceeding. The plaintiffs' complaint, attacking as void an ordinance proposing annexation, was dismissed.

By ordinance enacted in August 1955, the City of Lexington proposed to annex an adjacent area of unincorporated territory. Plaintiffs, residents and freeholders of that territory, timely filed a remonstrance suit objecting to the proposed annexation as authorized by KRS 81.140 (under the procedure...

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