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CRISTO v. COUNTY OF NILES

Nos. 35899 and 35900.

170 Ohio St. 59 (1959)

CRISTO, APPELLANT, v. CITY OF NILES, APPELLEE, ET AL. MOHERMAN ET AL., APPELLANTS, v. CITY OF NILES, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided November 18, 1959.

Attorney(s) appearing for the Case

Messrs. Gillmer, Klinger & Keating, for appellants.

Mr. R. C. Westenfield, city solicitor, for appellee.

Per Curiam.

The plaintiffs' principal contention is that their property is being taken without due process of law, in that the amount of the assessments exceeds the special benefits received as a result of the street improvement and is contrary to the provisions of Section 727.15, Revised Code, which reads in part as follows:

"The legislative authority of a municipal corporation shall limit all assessments...

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