Opinion
No. 27717
Decided November 1, 1939; and adhered to after rehearing, December 27, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Taxation — Machinery and equipment used in refining taxed as realty and not fixtures — Section 2, Article XII, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Holliday, Grossman McAfee and Mr. Rufus S. Day, Jr., for appellant.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for appellee, county auditor.
Mr. Thomas J. Herbert, attorney general, and Mr. Perry L. Graham, for appellee, Tax Commission of Ohio.
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., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.