Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 30

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...improvement, were for an improvement "by paving the roadway with bituminous macadam, according to certain plans and specifications then on file and according to the grade set forth in said resolution." Whether grading specifically appeared as one of the items of said improvement is not shown by the production of a copy of the resolution, the ordinance to proceed with the improvement, or the specifications. It is, however, agreed, that in order to make the grade of said street comply with the grade so established, the city in improving Isabella street constructed said fill at the cost named. And from the assessment ordinance, a copy of which was introduced, it appears that the improvement was to be '-'by grading, paving the roadway with bituminous macadam, and constructing the necessary drains and inlets." It is contended with great ability, on behalf of plaintiff, that where in the improvement of a street it becomes necessary to radically change the natural contour of the ground in the street by grading, in order to present a proper smooth surface suitable to receive the paving, such grading is analogous to the acquirement of the land itself on which the street is built, and that its cost can not be charged against the owners of abutting property; that, while under the old doctrine laid down in Cleveland v. Wick, 18 Ohio St. 303, such an assessment could have been upheld for the cost of the land occupied by the street, the later law. as laid down in Cincinnati, L. db N. Ry. v. Cincinnati, 62 Ohio St. 465 57 N. E. 229; 49 L. R. A. 566, which directly overrules Kelly v. Cincinnati. Cleveland v. Wick, and in N orwood v. Baker, 172 U. S. 269 43 L. Ed. 443; 19 Sup. Ct. 187, and Dayton v. Bauman, 66 Ohio St. 379 64...
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Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236844157
  • 9781236844156