FIRST FED. S. & L. ASSN. OF GALION v. HAYES

Nos. CA-2484 and CA-2496.

42 Ohio App. 3d 89 (1987)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF GALION, APPELLANT, v. HAYES ET AL., APPELLEES.

Court of Appeals of Ohio, Richland County.

Decided October 7, 1987.


Attorney(s) appearing for the Case

Hottenroth, Garverick & Tilson and Stephen F. Tilson, for appellant.

Charles D. Lynch, assistant law director, C. Richard Thompson and Robert P. DeSanto, Ashland County Prosecuting Attorney; Richard D. Ronk, Josiah L. Mason, David Montague, assistant law director, and John W. Allen, Richland County Prosecuting Attorney, for appellees.


MILLIGAN, J.

The narrow and singular issue in this mortgage foreclosure action focuses upon sewer charges levied against the landowner by the city of Mansfield and whether such charges ipso facto become a valid lien upon real estate deserving priority as against bona fide purchasers or creditors without either record notice or actual notice of such charges.

R.C. 729.49 provides in part:

"The legislative authority of a municipal corporation which...

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