Opinion
No. 34332
Decided March 9, 1955.
Supreme Court — Dismissal — No debatable constitutional question involved — Ohio Turnpike Commission — Suit to enjoin appropriation of land — Amending petition without leave of court — No answer filed — Section 2309.55, Revised Code — Force and effect to be given mandates of Supreme Court — Effect of remand to Court of Appeals — Sufficiency of petition to support injunctive relief — Abutters' rights — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Lucas County.
Messrs. Winter Frank, for appellant.
Mr. Frank C. Dunbar, Jr., and Messrs. Fuller, Harrington, Seney Henry, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART and BELL, JJ., concur.