LANGENAU MFG. CO. v. CLEVELAND

No. 33469.

159 Ohio St. 525 (1953)

LANGENAU MFG. CO., APPELLANT, v. CITY OF CLEVELAND, CLEVELAND TRANSIT SYSTEM, APPELLEE.

Supreme Court of Ohio.

Decided May 27, 1953.


Attorney(s) appearing for the Case

Messrs. Strangward & Lloyd and Mr. John P. Butler, for appellant.

Messrs. Green, Lausche & Wilmot and Mr. Robert Mooney, for appellee.


HART, J.

Langenau claims that, since the city of Cleveland takes the position that it has the power under Section 3677, General Code, to take only real estate and has no obligation to pay for anything else, even though as a direct result of the appropriation it will take personal property, Langenau is entitled to enjoin the appropriation to protect its constitutional rights in its personal property which will not be taken but will be destroyed.

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