Opinion
No. 30286
Decided April 4, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Special assessments valid, when — Street improvement part of highway plan — Abutting property benefited, when — Special benefit determined by foot-frontage — Benefits to property identically owned not abutting street or benefited property — Assessment not more than benefit or one-third of improved value, when — Assessment not in excess of 50 per cent of cost, when — Section 11, Article XVIII, Constitution — Claim or suit for damages, not filed within limitation, when — Sections 3823 and 3830, General Code — Recovery of assessments paid or injunction not sought within limitation, when — Section 12075, General Code — Inviolability of property — Section 19, Article 1, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Strasbourger Nesbitt, for appellant.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Paul H. Torbet, city solicitor, and Mr. Saul S. Danaceau, 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, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.