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STATE, EX REL. BLACKWELL v. BACHRACH

No. 34930.

166 Ohio St. 301 (1957)

THE STATE, EX REL. BLACKWELL, A TAXPAYER, APPELLANT, v. BACHRACH ET AL., CITY COUNCIL OF CINCINNATI, APPELLEES.

Supreme Court of Ohio.

Decided May 1, 1957.

Attorney(s) appearing for the Case

Mr. Sol Goodman and Mr. Stanley Goodman, for appellant.

Mr. Henry M. Bruestle, city solicitor, Mr. Ed F. Alexander, Mr. Robert P. Goldman, Mr. C. Watson Hover, prosecuting attorney, and Mr. Carl Rubin, for appellees.

BELL, J.

The capacity of relator as a taxpayer to maintain this action was decided by both courts below in relator's favor, and we believe properly so. Brissel et al., Commrs., v. State, ex rel. McCammon, 87 Ohio St. 154, 100 N. E., 348. See, also, the distinction between the enforcement of private rights and that of public rights as delineated by Longworth, J., in State, ex rel., v. Henderson, 38 Ohio St. 644, 648.

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