LUCAS v. CARNEY

Nos. 35217 and 35218.

167 Ohio St. 416 (1958)

LUCAS ET AL., APPELLANTS, v. CARNEY ET AL., BOARD OF COUNTY COMMISSIONERS OF MAHONING COUNTY, APPELLEES. LUCAS, APPELLANT, v. CARNEY ET AL., BOARD OF COUNTY COMMISSIONERS OF MAHONING COUNTY, APPELLEES.

Supreme Court of Ohio.

Decided April 2, 1958.


Attorney(s) appearing for the Case

Messrs. Morgan, Powers & McGuffin, for appellants.

Mr. Thomas A. Beil, prosecuting attorney, and Mr. Harold H. Hull, for appellees.


STEWART, J.

The issue presented in these cases is whether a county is liable for an invasion and taking of the substantial property rights of a person by an act of such county strictly within the scope of its authority and unattended by any circumstances of negligence or malice.

The majority of the Court of Appeals was of the opinion that the amended petitions do not allege a taking of the property of Milton, Clara and Harry, either pro tanto or in toto...

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