Opinion
No. 32433
Decided March 7, 1951.
Ohio Turnpike Act — Consulting and traffic engineers — Turnpike Commission — Membership — Powers and duties — Appropriation of private property for toll roads — Issuance of bonds payable from turnpike project revenue — Delegation of legislative authority — Constitutional law.
IN MANDAMUS.
Mr. Ed D. Schorr and Mr. Charles J. Chastang, for relators.
Mr. Robert L. Drury, for respondent.
Mr. Herbert S. Duffy and Mr. William C. O'Neill, attorneys general, Mr. Joseph Nelson Lancione and Mr. Hugh A. Sherer, for intervening petitioners.
The facts in this case are substantially the same as those involved in State, ex rel. Allen et al., d.b.a. J.E. Greiner Co., v. Ferguson, Aud., ante, 26, and the questions of law involved are the same. On the authority of that case, the demurrer to the amended answer of the auditor in the instant case is sustained and the writ prayed for is allowed.
Demurrer to amended answer sustained and writ allowed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT and HART, JJ., concur.