Sollars v. Sever

Citations

• 18 Ohio C.C. Dec. 605
• 8 Ohio C.C. (n.s.) 364

Syllabus

<p>DRAINS AND DITCHES.</p> <p>Dustin, Wilson and Sullivan. JJ.</p> <p>1. Petition to Altee, etc., a Township Ditch must be Presented to Township Trustees and They Refuse to Act before County Commissioners may Act Thereon.</p> <p>Tlie petition filed with a county auditor by an owner of land abutting on or benefited by a ditch located, established and constructed by a board of township trustees, to straighten, widen, alter, deepen, etc., such ditch, may not be considered or acted upon by the board of county commissioner-! until a similar petition has been filed with the board of township trustees ■and they have refused to act thereon.</p> <p>2. Petition eor Construction op Laterals and Alteration op onlt Part op-Township Ditch must First be Presented to Township Trustees.</p> <p>The fact that a petition filed with a county auditor, praying that the hoard of county commissioners widen and deepen a township ditch, contemplates the construction of laterals and the alteration of only a part of the-township ditch, does not make a petition for a new ditch-or an improvement rendering unnecessary a prior submission to the board of township, trustees.</p> <p>[Syllabus approved by the court.]</p>