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CHAMBERS v. CITY OF NEWPORT

No. 2001-CA-001169-MR.

101 S.W.3d 904 (2002)

Thomas R. CHAMBERS; Constance Chambers; Veterans Thrift Store; Armina Lee, Ruth A. Trapp, Larry K. Trapp, Bral, Inc., Frances Peluso, James Peluso, Roger Peterson, Edward Mohlenkamp, Martha Mohlenkamp, William E. Barton, Jr., Sarakatsannis Realty Co., Stanley Statman, Trustee, E & B Properties, LLC, and Donald A. Hennard, as Owners of Several Parcels of Property as Named in Complaint; Geraldine M. Kamp; David H. Deiterman; Newport Liquor Dispensary; Dixie Chili, Inc.; Fred Schilling; Sheila Schilling; Bob Lee; Mary E. Curtis; Jennings F. Ayers; Marcia A. Ayers; James Peluso, Jr.; Raymond J. Broomall; William J. Broomall; David M. Pritchard, Revocable Living Trust; Kitty Pritchard, Revocable Living Trust; Edwin Rayburn; Shirley Rayburn; St. Clair Manor II; EMR, Inc.; Joseph R. Birkley; Combined Lock, Inc.; Wanda Goldston; Vernon Goldston; Benjamin Bowerman; Hugh L. Crawford; Scott Crawford; Coleen A. Hennard; EZ Cash Pawn; and Cobb, Inc., Appellants, v. CITY OF NEWPORT, Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied April 17, 2003.

Case Ordered Published by Supreme Court April 17, 2003.

Attorney(s) appearing for the Case

D. Anthony Brinker, Covington, KY, for appellants.

Michael L. Schulkens, Newport, KY, for appellee.

Before GUDGEL, JOHNSON, and SCHRODER, Judges.

OPINION

GUDGEL, Judge.

This is an appeal from an order of dismissal entered by the Campbell Circuit Court. For the reasons stated hereafter, we affirm.

The City of Newport held a second public reading and passed Commissioner's Ordinance 0-2001-6, which assessed a portion of the cost of certain sidewalk improvements against appellants and other adjacent property owners. Appellants' circuit court challenge to the ordinance was dismissed as untimely...

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