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Brook Park v. Cleveland

Supreme Court of Ohio
May 10, 1944
56 N.E.2d 515 (Ohio 1944)

Opinion

No. 29961

Decided May 10, 1944.

Supreme Court — Dismissal — No debatable constitutional question involved — Action to enjoin annexation of part of village to city — Based on several grounds including improper apportionment of village debt — Injunction granted on latter ground alone — Appeal by village dismissed on ground appellant not aggrieved — Village contends other questions will be res judicata in later annexation proceedings — Section 3555, General Code — Due process — Right of appeal — Section 16, Article I, and Section 6, Article IV, Constitution.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. R.A. Baskin, village solicitor, for appellant.

Mr. Thomas A. Burke, Jr., director of law, Mr. Joseph F. Smith, Mr. Joseph H. Crowley, Mr. Frank T. Cullitan, prosecuting attorney, and Miss Margaret R. Lawrence, 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., MATTHIAS, ZIMMERMAN, WILLIAMS and TURNER, JJ., concur.


Summaries of

Brook Park v. Cleveland

Supreme Court of Ohio
May 10, 1944
56 N.E.2d 515 (Ohio 1944)
Case details for

Brook Park v. Cleveland

Case Details

Full title:VILLAGE OF BROOK PARK, APPELLANT v. CITY OF CLEVELAND ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: May 10, 1944

Citations

56 N.E.2d 515 (Ohio 1944)
56 N.E.2d 515