STATE, EX REL. MCKAY v. KAUER

No. 32673.

156 Ohio St. 347 (1951)

THE STATE, EX REL. MCKAY, EXR., v. KAUER, DIR. OF HIGHWAYS.

Supreme Court of Ohio.

Decided December 12, 1951.


Attorney(s) appearing for the Case

Messrs. Manchester, Bennett, Powers & Ullman, Mr. James E. Bennett, Jr., and Mr. John H. Ranz, for relator.

Mr. C. William O'Neill, attorney general, and Mr. Hugh E. Kirkwood, Jr., for respondent.


HART, J.

The principal question presented may be stated as follows:

Where the grade of a street constituting a portion of a state highway has been established and the owner of property abutting thereon has improved his property in reliance upon and in conformity to such grade, and thereafter a highway improvement is made upon such street by the Director of Highways of the state in accordance with legally approved...

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