321 S.W.2d 401 (1959)

Howard H. HAMRICK et al., etc., Appellants, v. CITY OF ASHLAND, Ky. et al., Appellees.

Court of Appeals of Kentucky.

February 27, 1959.

Attorney(s) appearing for the Case

J. W. McKenzie, Ashland, Calvin R. Gearhart, County Atty., Catlettsburg, for appellants.

A. W. Mann, Davis & Vigor, Ashland, for appellees.


The appellants are the Commissioners of the Westwood Water District, located in Boyd County adjacent to the City of Ashland. The appellees are the City of Ashland, its Mayor, Board of City Commissioners and C. H. Wheatley. The latter is a person who, over the years, has developed a water distribution system in an unincorporated residential area adjacent to the City of Ashland.

On the 29th day of June, 1955, the City of Ashland entered into...

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