Cleneay v. Norwood

Citations

• 137 F. 962
• 14 Ohio F. Dec. 469
• 1905 U.S. App. LEXIS 5022

Syllabus

<p>1. Municipal Corporations—Special Assessments—Sewers—Exemption of Property—U n iformity.</p> <p>Rev. St. Ohio 1892, § 2383, authorized the council of a city to exempt from a special assessment such portion of the frontage of any lot having :a'greater frontage than its average depth, and so much of any frontage of corner lots as seemed equitable, and charge the deficiency caused by such exemption on the whole frontage taxed pro rata. Held, that an assessment for sewer construction was not invalid fOr nonuniformity because cértain lots fronting on the improvement were exempted under such section.</p> <p>2. Same—Injunction—Bill—Notice. •</p> <p>Where a bill to restrain the collection of a special sewer assessment alleged that the sewer subdistrict was established in June, 1899, that the ordinance authorizing the improvement was passed January 15, 1900. and that the assessing ordinance was passed December 3, 1900, it.would be assumed, in the absence of a showing to the contrary on demurrer to the bill, that in the course of such proceedings the various steps required by Rev. St. Ohio 1892, §§ 2304, 2374-2376, and 2378, then in force, were duly complied with.</p> <p>3. Same.</p> <p>The publication of a resolution declaring the necessity of a sewer, and the filing of the plans and plats as required by Rev. St. Ohio 1892, §§ 2304, 2374-2376, and 2378, affords reasonable notice to the property owners of the intention to make the improvement, its extent and character, and the manner in which it would affect their property.</p> <p>4. Same.</p> <p>An allegation in a bill to restrain collection of a special sewer assessment that the improvement was made without notice to complainants, “as the owners of property to be charged,” was not an averment that the steps required by Rev. St. Ohio 1892, §§ 2304, 2374-2376, and 2378, for the publication of resolutions, etc., and the filing of plans, had not been taken.</p> <p>5. Same.</p> <p>Rev. St. Ohio 1892, § 2370, provides that the