STATE, EX REL. DONSANTE v. PETHTEL

No. 32961.

158 Ohio St. 35 (1952)

THE STATE, EX REL. DONSANTE, A TAXPAYER, APPELLANT, v. PETHTEL, AUD., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 11, 1952.


Attorney(s) appearing for the Case

Mr. Wayne E. Davis, for appellant.

Mr. Thomas H. Blakely, prosecuting attorney, for appellees H. Z. Pethtel, auditor, and W. Howard Cozad, treasurer.

Mr. Ross G. Sweet, for appellee The Cleveland Trust Company.

Mr. Lester W. Donaldson, for appellees Samuel A. Harrington, Grace W. Harrington, Leonard M. Laux and Rose I. Laux.


HART, J.

The principal questions presented are (1) whether a municipal corporation is empowered to compromise, abate and cancel special assessments levied against abutting properties for public improvements, in anticipation of the payment of which municipal bonds were issued, and (2) whether the municipal corporation is estopped to reinstate and collect such assessments because of changed conditions affecting the equitable rights of the present owners or lienholders...

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