In response to the Metroparks' evidence, the appellants rely on City Engineer Allar's testimony that the parcels could benefit in the future if the Metroparks subsequently developed the parcels or sold them to land developers. A similar argument was rejected in D'Antuono v. City of Springfield (1960), 114 Ohio App. 102. In that case, Mary D'Antuono successfully challenged an assessment for a sidewalk improvement because her property received no special benefits from the improvement.
In Wewell v. City of Cincinnati, 45 Ohio St. 407, the Supreme Court in 1887 held that the foundation of special assessments for public improvements is the special benefit derived by the owners over and above the rest of the community (at page 424). The most recent reported case involving a special assessment is D'Antuono v. City of Springfield, 114 Ohio App. 102, which involved the assessment for the cost of construction of new sidewalks upon abutting property owners. In granting an injunction against the collection of the assessment, the Court of Appeals for Clark County stated: