Opinion
No. 31450
Decided June 9, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Special assessments for road improvements — Suits to enjoin collection on chief ground assessments exceeded special benefits — Trial court found assessments exceeded special benefits, but denied injunctions — On grounds that assessments not equal to or greater than value of property — That assessments not greater than one-third of such value after improvement — And that there was no gross abuse of discretion — Affirmance by Court of Appeals — Inviolability of property — Section 19, Article I, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Mr. David L. Shannon and Mr. Roy L. Struble, for appellant.
Mr. Henry M. Bruestle, city solicitor, and Miss Isabel Guy, for appellees.
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., TURNER, ZIMMERMAN and SOHNGEN, JJ., concur.
MATTHIAS, J., not participating.