Opinion
No. 25311
Decided May 1, 1935.
Supreme Court — Dismissals — No debatable constitutional question involved — Municipal corporations — Ordinance contract for water service, executed without fiscal officer's certificatce — Section 5625-33, General Code — Denial of compensation or taking private property without due process — Statutory restriction of constitutional power to contract for public utility service.
ERROR to the Court of Appeals of Fayette county.
Messrs. Miller, Thompson Dunbar, Mr. Troy T. Junk and Mr. Henry J. Linton, for plaintiff in error.
Mr. Maxwell G. Dice, city solicitor, for defendant in error.
It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.
Petition in error dismissed.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.
JONES, J., not participating.