Prentice v. Toledo (City)

Citations

• 20 Ohio C.C. Dec. 568
• 11 Ohio C.C. (n.s.) 299
• 1908 Ohio Misc. LEXIS 192

Syllabus

<p>ASSESSMENTS.</p> <p>Parker, Wildman and Kinkade, JJ.</p> <p>1. Burden or Proof on One Attacking Assessment.</p> <p>Street paving assessments will not be enjoined as excessive and inequitable unless so established by a preponderance of proof.</p> <p>2. Uses oe Property to be Consideeed in Making Assessments.</p> <p>The potential as well as the present use of property is to be taken into account in making assessments' for public improvements.</p> <p>3. Conflict of Evidence as to Values of Property Impeoved.</p> <p>An assessment for a street improvement of $943.59 upon property estimated after the improvement by complaining owner’s witness at $2,800, being but slightly above the 33% per cent thereof, will not be interfered with as being in contravention of Sec. 53 of the municipal code of 1902 (Rev. Stat. 2373; Lan. 3604; B. 1536-213), there being other evidence that the assessment is less than 33% per cent of the value of the property as enhanced by the improvement.</p> <p>[Syllabus approved by the court.]</p>