Stemen v. Hizey

Citations

• 22 Ohio C.C. Dec. 640

Syllabus

<p>APPEAL — ASSESSMENTS—DITCHES—INJUNCTION.</p> <p>1. Appeal Does not Lie to Correct Ditch Assessment'as Unjust and Unreasonable.</p> <p>Neither R. S. 4533, 4536, 4539 (Gen. Code 6625, 6628, 6631) nor any other statute 'makes provision for an appeal by a property owner, complaining that, an assessment levied on his land for the improvement of a township ditch is unjust and unreasonable in that it is grossly in excess of the benefits which he will receive from the improvement.</p> <p>2. Absence oe Provision for Bill of Exceptions Prevents Error Proceedings to Review Ditch Assessment.</p> <p>Nor will error lie in such a case under R. S. 4491, 4560, 6708 (Gen. Code 6500, 6646, 12241) inasmuch as there is no provision for a bill of exceptions, and even if the transcript of the record of the township trustees were brought up, it would be of no assistance in determining the question whether the assessment exceeds the benefits.</p> <p>3. Injunction Lies to Correct Ditch Assessments Exceeding Benefits.</p> <p>Injunction will lie where the complaining owner alleges that the assessment laid upon his land is grossly in excess of the benefits conferred, notwithstanding it is directed against the action of a judicial board, and in such a case a court of equity may do justice even though no error is found in the proceedings.</p>