Decided May 12, 1950.
Supreme Court — Dismissal — No debatable constitutional question involved — War memorials — Section 3059 et seq., General Code — Injunction to prevent appropriation of private property — Claim that memorial funds usable for purchase and not condemnation — And no money available for compensation — Compensation first in appropriation of private property — Section 19, Article 1, Constitution.
APPEAL from the Court of Appeals for Franklin county.
Messrs. Wright, Harlor, Purpus, Morris Arnold and Mr. John H. Summers, for appellants.
Mr. Ralph J. Bartlett, prosecuting attorney, Mr. Robert P. Barnhart and Mr. Joseph J. Poorman, 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.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART and TURNER, JJ., concur.