Opinion
No. 34607
Decided December 21, 1955.
Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property for highway purposes — Improvement of existing two-lane undivided highway — Into four-lane divided highway — Abutting gasoline service station business — Median strip constructed in center of highway — Not element in fixing amount of damages to residue — Limited access highway — What constitutes — Limitation on abutting property owner's right of access thereto — Right to compensation therefor — Reasonable and convenient access to highway — Determination of — Charge to jury — Section 19, Article I, Constitution.
APPEAL from the Court of Appeals for Mahoning County.
Messrs. Johnson Johnson, for appellants, Ray E. Akins and Tod Jordan.
Mr. C. William O'Neill, attorney general, Mr. Hugh E. Kirkwood, Jr., and Messrs. Henderson, Covington Covington, for appellee, Director of Highways.
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, BELL and TAFT, JJ., concur.