148 Ky. 13 | Ky. Ct. App. | 1912
Opinion op the Court by
Affirming,
On July 6, 1909, appellants, who are owners of land immediately adjoining, hut without the corporate limits of Glasgow, a city of the fifth class, petitioned the Mayor and City Council of Glasgow to annex to the corporate boundaries of the city the territory embracing their land. The petition was made, however, upon the condition that the city council would pass an ordinance requiring all the property owners in the annexed territory to construct cement sidewalks in front of their respective properties, and that the city council would furnish said district with electric lights and two fire hydrants. The petition was accepted, and the designated territory was subsequently annexed by an ordinance adopted, in every respect, as required by section 3611 of the Ken
The circuit judge sustained a demurrer to the petition, and upon failure to amend, it was dismissed. The plaintiffs prosecute this appeal from the order of dismissal. The petition is predicated upon the theory that the action of the city council in annexing the territory pursuant to the petition of the appellants, constituted an enforceable contract on behalf of appellants, under which the appellee could be required to perform the conditions which appellants attempted to attach to the annexation. In this contention, however, appellants are in error. It is unnecessary to go into the larger questions raised upon the argument, regarding the right of the appellants to make a conditional petition for annexation, or the power of appellee to bind itself by acting upon such an offer. The facts alleged do not show a contractual liability upon the part of the appellee.
Under the statute above referred to, the city council
The circuit judge properly dismissed the petition, and his judgment is affirmed.