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CITY OF LEXINGTON v. GARNER

329 S.W.2d 54 (1959)

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

Court of Appeals of Kentucky.

November 6, 1959.

Attorney(s) appearing for the Case

Stoll, Keenon & Park, John L. Davis, Lexington, for appellant.

Frank Ginocchio, Wheeler B. Boone, Lexington, for appellees.

STANLEY, Commissioner.

The appeal is a sequel to Garner v. City of Lexington, Ky., 306 S.W.2d 305, in which we held that the city was without power to adopt ordinances (Nos. 3551 and 3559) proposing to annex a small area while suit was pending in the circuit court contesting the validity of a previous ordinance (No. 3407) proposing to annex a large territory of which the smaller was a part. We reversed a judgment that the city had...

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