Opinion
No. 31784
Decided June 22, 1949.
Supreme Court — Dismissal — No debatable constitutional question involved — Real property — Action by Montgomery County Commissioners to quiet title to courthouse site — To enable sale of such property to build new courthouse — Taxpayer defendants claim conditional title conveyed to county by dedication, 1805 — For use for courthouse only — Plaintiffs claim title conveyed to county commissioners by deed, 1813 — With no reversion of forfeiture — Taxpayer defendants claim that 1813 deed an affirmation of dedication — That county commissioners had no authority to establish seat of justice — That such power exercised by General Assembly — And that General Assembly Commissioners notified of owner's intent — To donate property to county for courthouse use — Decrees for plaintiffs by Common Pleas Court and Court of Appeals.
APPEAL from the Court of Appeals for Montgomery county.
Mr. Mathias H. Heck, prosecuting attorney, and Mr. Albert J. Dwyer, for appellee.
Mr. Eugene G. Kennedy, Mr. Miles S. Kuhns, Mr. Heber S. Leonard, Mr. Otterbein Creager, Mr. Howard P. Williamson, Mr. Roy G. Fitzgerald and Mr. William M. Pettit, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.