137 Ky. 484 | Ky. Ct. App. | 1910
Opinion of the Court by
— Affirming.
Oakdale is a city of the fifth class. Section 3611, Ky. St., a part of the charter of fifth-class cities, provides that: “Whenever it is deemed desirable to annex any territory to any city of this class, or to reduce the boundaries thereof, the city council thereof may enact an ordinance defining accurately the boundary of the territory proposed to be annexed or stricken off, and such ordinance shall thereupon be published in at least ten issues of the daily paper published in the city; or if there be no daily paper published in the city, then in at least four issues of a weekly paper published in the city; or if there be no daily or weekly paper published in the city, then by posting copies of the ordinance for at least ten days in four of the most public places in the city. In not less than thirty days after the enactment of such ordinance, if the publication or notice, as herein provided has been made or given, and no petition is filed in the circuit court, as provided in the next section, ihe city council may, by ordinance, annex to the city the territory described in the ordinance hereinbefore mentioned, or reduce 'the limits, as the case may be; and upon the enactment of such ordinance, such territory shall become a part of such city, or.shall be stricken therefrom.” In section 3612, it is provided that: “Within thirty days after the enactment of an ordinance proposing to annex territory to any city, or to reduce the limits thereof, one or more residents or freeholders of the territory proposed to be annexed or stricken off may file a petition in the circuit .court of the county, setting forth the reasons why such territory or any part thereof should not be annexed, or why the limits should not be reduced. The case shall
In 1908 the council of Oakdale, by appropriate ordinances following in all respects the provisions of the statute, annexed to the city adjacent territory owned by the New Louisville Jockey Club and the Lenox Land Company. In 1909, more than six months after the ordinance annexing the territory be
If the constitutional provision protecting property owners from being deprived of their property with
But, conceding this, the argument is made that, as the Legislature has made annexation dependent upon
The matters in controversy have been so fully covered by the cases cited that we do not deem it necessary to extend the opinion in restating the law as it has been declared by this court.
Wherefore the judgment in each case is affirmed.