DAYTON v. HAINES

No. 35861.

169 Ohio St. 191 (1959)

CITY OF DAYTON, APPELLANT, v. HAINES, AUD., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 29, 1959.


Attorney(s) appearing for the Case

Mr. Herbert S. Beane, city attorney, Mr. M. J. Gilbert and Mr. Joseph P. Duffy, for appellant.

Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Mr. John M. Tobin, Mr. John D. Herbert and Mr. Mathias H. Heck, prosecuting attorney, for appellees.


TAFT, J.

Although the elements of ownership of the real property in the instant case are partly vested in the lessor and partly in the lessee, no one else has any interest of ownership whatever in that real property. Hence, since both the lessor and lessee are public bodies, there is nothing but a public ownership of that property, and the property is, to use the words of Section 5709.08, Revised Code, "public property." The board found and it is conceded that this...

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