Opinion
No. 31392
Decided May 5, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — County commissioners — Purchase of airport — Taxpayer's action to cancel denied — Noncharter county — No transfer of any power to county by any municipality — Municipalities permitted to acquire and operate airports — Sections 3677 and 3939, General Code — Section 4, Article XVIII, Constitution — Reservation of powers — Section 20, Article I, Constitution — Counties given same authority as to airports as have municipalities — Section 2433-2, General Code — No conflict with Constitution, when — Claim that airport for service of private planes — And violative of zoning ordinances — Use of public money for private purposes — Home rule — Section 3, Article XVIII, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Sindell Sindell, Mr. Morton B. Icove and Messrs. Schweid, Snyder, Torbet Zucker, for appellant.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Ralph W. Edwards, Mr. Saul S. Danaceau, Messrs. Squire, Sanders Dempsey, Mr. James C. Davis, Mr. J.H. Dempsey, Jr., and Mr. H.J. Crawford, for appellees.
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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.