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HERNIK v. DIR. OF HIGHWAYS

No. 35563.

169 Ohio St. 403 (1959)

HERNIK ET AL., APPELLANTS, v. DIRECTOR OF HIGHWAYS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Mr. Frank V. Opaskar, for appellants.

Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Mr. Hugh E. Kirkwood, Jr., Mr. I. Charles Rhoads and Messrs. Hartshorn, Thomas, Edelman & Fludine, for appellees.

MATTHIAS, J.

In March 1803, the Congress of the United States enacted a law which provided that 3 per cent of the funds realized from the sale of public lands in Ohio should be returned to Ohio for the purpose of laying out, opening and making roads in the state. (3 Laws of the United States, 541.)

That law is the origin of what are known as the 3% roads in Ohio.

On the passage of the federal law, the...

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