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BARTH v. CITY OF LOUISVILLE

449 S.W.2d 24 (1969)

William E. BARTH v. CITY OF LOUISVILLE, a Municipal Corporation et al.

Court of Appeals of Kentucky.

Rehearing Denied February 6, 1970.

Attorney(s) appearing for the Case

Blakey Helm, Louisville, for appellant.

Eugene H. Alvey, Director of Law, Robert C. Moore, Asst. Director of Law, Marshall P. Eldred, Jr., Edward F. Rectenwald and D. H. Robinson, Louisville, for appellees.

CULLEN, Commissioner.

William E. Barth, owner of property abutting on an alley in the City of Louisville, appeals from a judgment which directed that a portion of the alley be closed. The primary contentions of the appellant are that the closing does not serve a public purpose and that the closed portion will be devoted to a private use, contrary to the terms of the deed of dedication by which the alley originally was established...

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