Summary
In Village of Sheffield Lake v. Holley, Mayor, 152 Ohio St. 374, the Supreme Court upheld the authority of a village council to alter the location of a sewer for which the voters had approved a bond issue.
Summary of this case from Haines v. Bd. of CommrsOpinion
No. 31874
Decided October 26, 1949.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Ballot recited bond issue for constructing main sewer in named street — General plan of sewerage system approved and contracts awarded — Detailed plan filed several months later — Showing main sewer pressure line in another street — Injunction against paying funds to construct sewer in such other street — Appeal to Court of Appeals and decree for defendants — Claim bond proceeds being applied to different although related purpose — Section 5, Article XII, Constitution.
APPEAL from the Court of Appeals for Lorain county.
Messrs. Squire, Sanders Dempsey, Mr. Henry J. Crawford and Mr. William N. Gates, for appellees.
Messrs. Adams Adams, for appellants.
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., HART, STEWART, TURNER and TAFT, JJ., concur.
MATTHIAS and ZIMMERMAN, JJ., not participating.