Opinion
Nos. 24865 and 24866
Decided December 5, 1934.
Constitutional law — Uniform operation — Section 26, Article II, Constitution — Assessment based on cost of entire improvement of highway, unconstitutional, when — Sections 1191 and 1193, General Code.
ERROR to the Court of Appeals of Summit county.
Mr. Ray B. Watters, prosecuting attorney, and Mr. Clyde B. MacDonald, for plaintiffs in error.
Messrs. Brouse, Englebeck, McDowell, May Bierce, for defendants in error.
It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same is hereby, affirmed on authority of Davis et al., Board of Commissioners, v. Wiemeyer, Sr., 124 Ohio St. 103.
Judgment affirmed.
WEYGANDT, C.J., GARVER, HART, STEPHENSON, JONES and MATTHIAS, JJ., concur.
WILLIAMS, J., not participating.