Opinion
No. 26590
Decided October 20, 1937.
Supreme Court — Dismissals — No debatable constitutional question involved — Conservancy Act — Section 6828-1 et seq., General Code — Hearing by conservancy court upon appraisals and exceptions — Estimated cost determined less than benefits, and amended appraisal report confirmed — Landowner not prevented from protecting property rights — Section 1, Article I, Constitution — Remedy not denied or property rights taken without due process — Section 16, Article I, Constitution — No deprivation of right to present value of property and evidence of benefits — Inviolability of and compensation for property — Section 19, Article I, Constitution — No deprivation of property without due process — Articles 5 and 14, Amendments to U.S. Constitution.
APPEAL from the Court of Appeals of Tuscarawas county.
Messrs. Wilkin, Fisher Limbach, for appellee.
Messrs. Kinsey Allebaugh, for appellants Kent S. Clow and James B. Clow Sons.
Mr. R.M. Noll, Messrs. Meyer, Johnson Kincaid, Messrs. Pugh Vandervoort, Mr. J.S. Phillis, Messrs. Strecker Williamson, Mr. J.C. Brenan, Mr. C.D. Fogle, Mr. E.F. Folger, Mr. C.T. O'Neill, Mr. T.J. Summers and Mr. E.E. Erb, for appellants The Citizens National Bank of Marietta and others.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.