Court of Appeals of Kentucky, 1973

Morrow v. City of Dixon

Court of Appeals of Kentucky · Decided April 20, 1973 · Milliken, Osborne, Palmore, Reed, Steinfeld, Stephenson

493 S.W.2d 710; 1973 Ky. LEXIS 496 (South Western Reporter, Second Series)

Opinion of the Court

STEPHENSON, Justice.

The city of Dixon by ordinance proposed to annex certain territories. The residents filed suit protesting. On the day the case was set for trial the city filed motion to dismiss with exhibits attached showing that the annexing ordinance had been repealed. The trial court dismissed and the protestants appeal.

The repeal of the ordinance proposing the annexation left no proposition of annexation in force for the court to pass on. City of Louisville v. Town of Crescent Hill, Ky., 52 S.W. 1054 (1899).

The judgment is affirmed.

PALMORE, C. J., and MILLIKEN, OSBORNE, REED, STEINFELD and STEPHENSON, JJ., sitting.

All concur.

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