White v. Cleveland

Citations

• 23 Ohio C.C. Dec. 317
• 14 Ohio C.C. (n.s.) 369

Syllabus

<p>1. Statute Giving Municipalities Power to Appropriate Fee in Lands Condemned for Other Uses is Valid.</p> <p>Act 98 O. L. 164 (Gen. Code 3679-3681, 3690-3692, 3699-3702), giving municipalities the right to appropriate the fee of previously condemned lands for public uses- and contract the same for depot and wharf purposes, is a valid enactment.</p> <p>2. Statute Giving Municipalities Additional Power to Lease to Navigation Companies Wharf Property Belonging to Corporation Held Valid.</p> <p>Act 101 O. L. 236 (Gen. Code 3699-1), giving municipalities additional power to lease wharf property belonging to the city to navigation companies, is valid, being for a public purpose, one that might be appropriated by any such company itself; nor does the fact that such landing places must be first located and acquired by the city invalidate the act.</p> <p>3. Passing Ordinance to Appropriate Property for One Public Use not Fraudulent if Intention was Present to Devote Property Taken to Another Püblic Use.</p> <p>A municipal council, passing ordinances to sell public land to railroads for depot purposes and to lease landing places to navigation companies, commits no fraud of indirection to appropriate reversioners’ rights for park purposes, growing out of the intention of councilmen to sell and lease such property as stated.</p> <p>[Syllabus approved by the court.]</p>