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CITY OF ST. MATTHEWS v. ARTERBURN

419 S.W.2d 730 (1967)

CITY OF ST. MATTHEWS, Appellant, v. Shelton B. ARTERBURN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 17, 1967.

Attorney(s) appearing for the Case

Bert T. Combs, Julius Rather, Lexington, Clay Copeland, J. W. Jones, Louisville, for appellant.

Robert L. Sloss, Stuart E. Lampe, Wyatt, Grafton & Sloss, Louisville, for Shelton B. Arterburn, Alice M. Arterburn, Covington Arterburn and Louisville Shopping Center, Inc.

Kent McElwain, McElwain, Dinning, Clarke & Winstead, Louisville, for Bluegrass Manor, Inc.

E. P. Sawyer, Louisville, for Fiscal Court of Jefferson County.

MONTGOMERY, Judge.

The City of St. Matthews appeals from a judgment dismissing its petition to annex certain property between St. Matthews and the Watterson Expressway. The trial court held that the lapse of five years, six months and twenty-six days between the date of notice to the Jefferson County Fiscal Court of the introduction of an ordinance proposing annexation and the date of adoption of the ordinance in 1965 constituted an unreasonable delay which invalidated...

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