Toledo (City) v. Marlow

Citations

• 18 Ohio C.C. Dec. 298

Syllabus

<p>ASSESSMENTS — TIME.</p> <p>Parker, Haynes and Wildman, JJ.</p> <p>1. Statutory Steps in Street Improvement Constitute “Proceedings.”</p> <p>The several statutory steps required for the improvement of a street by pavement or sewer constitute a “proceeding,” within the meaning of Rev. Stat. 79 (Lan. 98).</p> <p>.2. Statute in Force at Commencement op Proceeding Controls Rate op Assessment. 1</p> <p>The rate or amount of lawful assessment by a municipality for a street improvement such as a pavement or sewer, upon benefited or abutting property, is governed by the statute in force at the beginning of the proceeding.</p> <p>3. Preliminary Resolution Declaring Necessity op Improvement is Beginning oe Proceeding.</p> <p>The adoption of the preliminary resolution declaring the necessity of a street improvement such as a pavement or sewer, is, in the absence of a petition by property owners for the improvement the beginning of a proceeding, which is thereafter “pending” within the meaning of Rev. Stat. 79 (Lan. 98) and unaffected, in respect to limitation of rate of assessment by an amendatory act not expressly retroactive.</p> <p>[Syllabus by the court.]</p>