City of Cincinnati v. Polster

Citations

• 96 Ohio St. (N.S.) 155

Syllabus

<p>City sewer assessment — Local drainage by private sewer—Exemption from assessment warranted only — When local drainage and right of maintenance permanent.</p> <p>1. Where, pursuant to appropriate legislation regular throughout, an assessment is levied upon lots and lands for the construction of a sewer in a city street, and exemption of a lot abutting thereon from assessment for the construction thereof is claimed on the ground that it is provided with local drainage, the burden is upon the owner to show that local drainage has been provided which is adequate to meet the needs of such lot both for surface drainage and the usual purpose of sewerage.</p> <p>2. A lot is not so provided with local drainage as to exempt it from assessment for the construction of a sewer in the street upon which such lot abuts, where it appears that its only drainage facilities are afforded by a privately constructed drain through the adjoining premises over which the owner of the lot in question has no control and no right to use and maintain such sewer.</p> <p>3. Exemption of such lot from assessment on the ground of present adequate drainage is warranted only when it is shown that the drain whereby it is served is permanent in its character of construction and the owner of such lot has a right to permanently maintain and use it.</p>