Cincinnati Bldg. & Deposit Co. v. Cincinnati (City)

Citations

• 20 Ohio C.C. Dec. 501

Syllabus

<p>ASSESSMENTS — ESTOPPEL—CONSTITUTIONAL LAW,</p> <p>Swing, Giifen and Smith, JJ.</p> <p>1. Delay in Improvement Does not Relieve Abutting Owner from: Assessment.</p> <p>Delay in completing a street improvement does not relieve abutting property owners from assessment, and a mortgagee who has become the1 owner by foreclosure is estopped from denying that the property is not benefited to the extent of the assessment or that it is not valuable enough to stand the assessment, where the mortgagor joined in the petition for the improvement.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Assessments,” §§ 544-599; í Cyc. Dig., “Estoppel,” §§ 407-415; '600-613. — Ed.]</p> <p>2. Revised Statute 2272 (see Dan. 3613; B. 1536-222), not Unconstitutional, as to Assessments, when.</p> <p>Revised Statute 2272 (see Lan. 3613; B. 1536-222), in so far as it concerns the validity of an assessment for a street improvement which has been duly petitioned for, and promoted by, the abutting owners, is constitutional.</p> <p>ISylIabus approved by the court.]</p>