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Davis v. Board of County Commrs.

Supreme Court of Ohio
Nov 19, 1952
158 Ohio St. 332 (Ohio 1952)

Opinion

No. 33201

Decided November 19, 1952.

Supreme Court — Dismissal — No debatable constitutional question involved — Joint county ditch improvement — Assessments levied according to benefits, when — Silt and sewage from upper lands settled into lower ditch — Lower ditch overflow deposited silt and sewage on lower lands — Right to assess upper lands for improvement — Benefit to upper lands — Necessity for acceleration of flow through upper lands — Bond — Section 6446, General Code — Sufficiency of — Where based on petitioner's erroneous estimate of improvement length — Appeal — Grounds for — Procedure on appeal — Evidence — Due process — Section 16, Article I, Constitution — Inviolability of private property — Section 19, Article I, Constitution.

APPEAL from the Court of Appeals for Henry county.

Mr. Marlow Witt, prosecuting attorney, Mr. David Meekison, Mr. George A. Meekison and Mr. Otto Hess, for appellees.

Mr. John H. Barber, prosecuting attorney, and Messrs. Newcomer, Newcomer Shaffer, for appellants.


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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.


Summaries of

Davis v. Board of County Commrs.

Supreme Court of Ohio
Nov 19, 1952
158 Ohio St. 332 (Ohio 1952)
Case details for

Davis v. Board of County Commrs.

Case Details

Full title:IN THE MATTER OF THE APPEAL IN JOINT COUNTY DITCH No. 1108-2, HENRY-FULTON…

Court:Supreme Court of Ohio

Date published: Nov 19, 1952

Citations

158 Ohio St. 332 (Ohio 1952)
109 N.E.2d 11

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