Opinion
No. 32888
Decided January 23, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Landlord and tenant — Maximum rents — Tenant's action for claimed excess rent — Apartment remodeled and substantially improved — Maximum rent fixed by landlord — Under instructions from rent control office — Registration with rent control office after action instituted — Property inspected and rental approved by housing expediter's office — Tenant's appeal to Rent Advisory Board condition precedent to court action — Fixing of maximum rents not judicial function — Judicial action to be based on prior administrative action — Due process — Section 16, Article I, Constitution — Right to jury trial — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Mr. Cedric Vogel and Mr. J.W. Taylor, for appellant.
Mr. Charles S. Furber, Jr., and Mr. Joseph Lemkuhl, for appellees.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.