BOILER CO. v. DAVID

No. 32863.

157 Ohio St. 564 (1952)

NORTHERN BOILER CO., APPELLEE, v. DAVID ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 28, 1952.


Attorney(s) appearing for the Case

Messrs. Davis & Young and Mr. J. J. P. Corrigan, for appellee.

Mr. Joseph H. Crowley, director of law, and Mr. Robert J. Selzer, for appellants.


MATTHIAS, J.

The demurrer of the defendants, admitting as it does all well pleaded facts in the plaintiff's petition, presents a single question of law. That question is whether ordinance No. 1941-50 is unconstitutional and void in that it illegally delegates power and authority to an individual to deprive an owner of the proper and legal use of his property.

The plaintiff as the owner of property abutting on a street has certain rights therein different from...

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