City of Sidney v. Cummins

Citations

• 93 Ohio St. (N.S.) 328

Syllabus

<p>Assessments — Foot front — Street improvement — Section 3812, General Code — Reassessment—Change in judicial construction —Section 3902, General Code — Corner and interior lots — Rule of retroactive operation unavailable, when.</p> <p>1. In the assessment of property for a street improvement by the foot front of the property bounding and abutting upon the improvement under Section 3812, General Code, no contractual relation arises between the municipal corporation and the property owner, and by force of the provisions of Section 3902, General Code, no complete or consummate rights are acquired by an owner whose property is assessed.</p> <p>2. The rule that retroactive operation is not to be given to a change in the judicial construction of a statute cannot be invoked by a municipal corporation when the legality of an assessment of property for a street improvement is challenged where no contracts have been entered into in reliance upon a former judicial construction in respect to the statute.</p>