Opinion
No. 28575
Decided April 23, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Foreclosure — Grade crossing elimination — Demolition asked to restore property to original condition — Municipality dismissed as party defendant — Section 19, Article I, Constitution — Due process.
APPEAL from the Court of Appeals of Mahoning county.
Mr. Fred J. Heim and Messrs. Harrington, Huxley Smith, for appellant.
Mr. John A. Willo, director of law, Mr. I. Freeman and Mr. Homer E. Carlyle, for appellee, city of Youngstown.
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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.