Opinion
No. 33402
Decided March 18, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Special sanitary sewer assessment — Levied equally against property of three railroads — Assessment "in proportion to benefits received," when — Capacity of sewer not limited to existing needs — Future expansion of railroads' facilities considered — Procedure — Defects in, not fatal to assessment, when — Property owners with knowledge failed to object before improvement substantially completed — Benefits — Ascertained on basis of present actual and potential future use — Action to enjoin collection of special assessment — Owners' burden of proof — Equity — Injunction — Not to issue, when — Irregularity in official proceedings only ground shown — Due process.
APPEAL from the Court of Appeals for Lucas county.
Messrs. Tyler Rhinefort and Mr. George R. Effler, for plaintiff appellant.
Messrs. Ohlinger, Koles, Wolf Flues, for defendant appellant.
Mr. Thomas W. Christian, for appellees city of Toledo and Ronald C. Anderson, Director of Finance.
Messrs. Doyle, Lewis Warner and Mr. Harold A. James, for appellee The New York Central Railroad Company.
Mr. Thomas J. Mattimoe, for appellees Charles H. Austin, auditor, and Daniel P. Holzemer, treasurer.
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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.