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Waggener High School - RingBrothersHistory.com

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The Courier-Journal, October 20, 1956:Louisville Wins Business AreaHe held that Louisville started annexation proceedings first, hence its claim to the business district is superior to that of theCity of St. Matthews.He ruled that Jude Jones in the 1955 trial should have directed a verdict in favor of annexation. Thus the reversal was directedto the judge, rather than the jury, which included 11 Louisvillians.Attorney Fields, <strong>com</strong>menting on this yesterday, said both sides in the case agreed at the trial that the jury would make thedecision.Finds Only Two Issues: Assistant City Attorney Frick later asked Judge Jones to grant the City a judgment despite thejury’s decision, or to grant a new trial. Jones refused, and the Case went to the Court of Appeals.Commissioner Cullen, in his finding yesterday, said there were only two legal issues in the lawsuit:1. The addition of the new territory “for the interest of the City (of Louisville)?”2. Will annexation “cause no manifest injury to the persons holding real estate in the territory sought to be annexed?”Gives His Conclusion: Cullen found that “within the realm of clear and obvious facts, it is difficult to. conceive of anysituation in which the annexation of urban territory to a city would be contrary to the interests of the city, except where theannexation would constitute an overextension of the capacities of the city to function as a sound, going concern.“In the case before us, there is no suggestion that Louisville is not a growing, prosperous city with a long experience ofgrowth or that its capacities will be overextended by annexation of the small area here in question.”No ‘Grievous Burden’: As to whether annexation would injure the property owners, Cullen wrote:‘There is - no question but that the annexed territory, being urban in nature, will receive benefits in the form of City servicesfrom Louisville.“The real question arises front the fact that the territory is now receiving what its residents consider to be adequate municipalservices, at a lower cost, from the City of St. Matthews and from a Volunteer Fire Department.”Cullen concluded, however, that annexation would not place upon the property owners any “grievous, wearisome, or oppressive,burdens.Realty Taxes Would Rise: Once annexation is <strong>com</strong>pleted, the Board of aldermen will be asked to appropriate money for afire station, traffic signals, and street lights, Owsley said. Regular City services, such as street cleaning and garbage collectionwould start immediately, he added.Owsley said a quad fire <strong>com</strong>pany, which would have a four purpose truck, probably would be installed in the business area.Meanwhile, the City would contract with the St. Matthews Volunteer Fire Department and perhaps reshuffle its existingequipment to provide coverage. This probably would result in an immediate drop in fire-insurance rates. Owsley said.Real-estate taxes in the annexed area would go up from the St. Matthews 60-cent rate to $1.50 However, no City tax ‘billswould go out until January, 1958.Water Rates Would Drop: Water rates Would decline 33½ per cent. Sewer rates would remain the same.People who work in the annexed area and business owners in it would pay the City’s 1¼ per cent occupational tax on earningsand net profits.Six other suits involving annexation attempts by the City of Louisville may depend on the out<strong>com</strong>e of the current ease,Court action has been held up pending the St. Matthews decision.Lists The Others: Assistant City Attorney Frick listed the areas as follows:The “Rubbertown” area, from Algonquin Parkway to Cane Run Road, between Bells Lane and the Ohio River; WestBuechel and part of the unincorporated Buechel area; Rolling Fields; Ridgewood; Lincolnshire and part of St. Regis Park,and Meadowbrook Estates.The City can move to have the suits reinstated, using the Court of Appeals decision on the St. Matthews business district asa legal precedent.Since 1946, the City of Louisville also has made three major—and unsuccessful—efforts to annex the St. Matthews residentialarea. The City of St. Matthews meantime has <strong>com</strong>pleted annexation of the residential area.

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