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MASLEY v. CITY OF LORAIN

No. 76-304.

48 Ohio St. 2d 334 (1976)

MASLEY ET AL., APPELLEES, v. CITY OF LORAIN ET AL., APPELLANTS

Supreme Court of Ohio.

Decided December 23, 1976.

Attorney(s) appearing for the Case

Wickens & Herzer Co., L. P. A., Mr. William G. Wickens and Mr. Richard D. Panza, for appellees.

Mr. John J. Hritsko, city solicitor, and Mr. Norman J. Beller, for appellants.

STERN, J.

Section 19 of Article I of the Ohio Constitution provides that:

"Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other publie exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money,...

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