SOLLY v. TOLEDO

No. 39755.

7 Ohio St. 2d 16 (1966)

SOLLY, APPELLEE, v. CITY OF TOLEDO, APPELLANT.

Supreme Court of Ohio.

Decided June 22, 1966.


Attorney(s) appearing for the Case

Mr. James Slater Gibson, for appellee.

Mr. Louis R. Young, director of law, Mr. Brandon G. Schnorf, Jr., and Mr. John J. Burkhart, for appellant.


TAFT, C. J.

In 39 American Jurisprudence 454, Section 183, it is stated:

"The summary abatement of nuisances without judicial process or proceeding was well known to the common law long prior to the adoption of the Constitution, and, hence, is not within the prohibition of the provisions of that instrument, and exists in the absence of statute. * * * the right may be exercised by public officers, municipal corporations, and by private individuals. The legislature...

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