STATE, EX REL. SCIOTO-SANDUSKY CONSERVANCY DIST. v. SAMSON

Nos. 32843 and 32847.

157 Ohio St. 465 (1952)

THE STATE, EX REL. SCIOTO-SANDUSKY CONSERVANCY DISTRICT, v. SAMSON, AUD. THE STATE, EX REL. SCIOTO-SANDUSKY CONSERVANCY DISTRICT, v. MCCURDY, AUD.

Supreme Court of Ohio.

Decided May 14, 1952.


Attorney(s) appearing for the Case

Mr. E. W. Dillon and Mr. Allen I. Pretzman, for relator.

Mr. Clyde Lewis, prosecuting attorney, for respondent James A. Samson, county auditor.

Mr. Luther Liggett, prosecuting attorney, for respondent F. T. McCurdy, county auditor.


HART, J.

When the "conservancy court" made its order in 1934 apportioning the preliminary or organizational expense of the district to the several counties in the district, the pertinent part of the applicable statute (Section 6828-43, General Code), in force at that time, was as follows:

"Upon the organization of the district, the court shall make an order indicating a preliminary division of the preliminary expenses between the counties included in the district...

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