Whipple v. Toledo (City)

Citations

• 19 Ohio C.C. Dec. 42
• 7 Ohio C.C. (n.s.) 520

Syllabus

<p>ASSESSMENTS — STREETS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Delay or Nine Months between Petition fob Street Improvement, and Action by Council thereon, not Fatal.</p> <p>A delay on the part of the council of a municipality of about two years between the original filing -of a petition for a certain street improvement and the council’s resolution for the same will not operate to invalidate the assessment levied to pay therefor, it appearing that such petition was never withdrawn nor abandoned.</p> <p>2. Assessment not Invalidated because of Change in Law while Petition • Pending before Council.</p> <p>A change in the law regulating the levying of assessments for street improvements, made while the petition for the improvement is pending before council, does not have the effect of invalidating the assessment, where it does not appear that the petitioners abandoned the effort to secure- the improvement, and the validity of the assessment is based upon their agreement to pay it, and not upon any statute.</p> <p>S. Assessment for Street Improvement Made under Repealed Statute not Invalid where Statute Adopted by Petition as Plan of Assessment.</p> <p>If property owners petition a city for a public improvement and agree to the levy ot a special assessment to pay therefor, the fact that the statute prescribing certain procedure in the levy of this particular class of assessments was declared unconstitutional and repealed before -the levy will not invalidate the assessment, as such agreement will be regarded as adopting- the statutory provision as a' scheme or plan for making the assessments.</p> <p>[For other cases in point, see 1 Cyc. Dig., “ Assessments,” §§ 544-599. — Ed.]</p> <p>4. Assessment for Street Improvement not Invalid because Petition Signed by Less than Majority oe Property Owners, when.</p> <p>Under original Sec. 2267, as amended, 94 O. L. 161 (repealed 96 O. L. 96; see Lan. R. L. 3612; B. 1536-221), an assessment for street improvements was n