WESSELS CONST. & DEVELOPMENT CO., INC. v. COM. OF KENTUCKY

Civ. A. No. 82-54.

560 F.Supp. 25 (1983)

WESSELS CONSTRUCTION AND DEVELOPMENT CO., INC., et al., Plaintiffs, v. COMMONWEALTH OF KENTUCKY, et al., Defendants.

United States District Court, E.D. Kentucky, Covington Division.

March 24, 1983.


Attorney(s) appearing for the Case

Frank A. Wichmann, Covington, Ky., for plaintiffs.

Joseph L. Baker, Covington, Ky., for City of Ft. Mitchell.

James Dressman, III, Covington, Ky., for Motor Inn, Inc.

Gregory A. Bartlett, Covington, Ky., for remaining defendants.


OPINION

BERTELSMAN, District Judge.

INTRODUCTION

This case involves an interpretation of the federal constitutional rights, if any, involved in the closing of a street under Ky. Rev.Stat.Ann. § 82.405 (Baldwin 1982), with respect to owners of properties which do not abut the portion of the street to be closed, and who therefore are not required to be made parties to the action to close it under Kentucky law. To understand the issues involved...

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