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ARTERBURN v. CITY OF ST. MATTHEWS

512 S.W.2d 505 (1974)

Shelton B. ARTERBURN et al., Appellants, v. CITY OF ST. MATTHEWS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 13, 1974.

Attorney(s) appearing for the Case

Robert L. Sloss and Stuart E. Lampe, Wyatt, Grafton & Sloss, Louisville, for appellants.

J. W. Jones, Louisville, for appellee.

S. L. Greenebaum, Greenebaum, Doll, Matthews & Boone, Louisville, for amici curiae.

REED, Justice.

This is a second appeal arising out of an effort by the City of St. Matthews to annex a shopping center called "The Mall." In the first appeal it was held that the trial judge erred in dismissing the city's petition to annex the property without an evidentiary hearing to determine whether a delay of 5½ years between the notification of the proposal to annex and the enactment of the annexation ordinance was justifiable or excusable. Upon return...

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