Kellogg v. Board of County Commissioners

*503OPINION

This opinion will supplant an opinion in this case rendered on April 22, 1958 and the latter opinion is hereby withdrawn.

Jay C. Kellogg and others, plaintiffs-appellants herein, began this action on April 8, 1957 by the filing of a petition in the Franklin County Common Pleas Court naming as defendants the Board of County Commissioners of Franklin County and the Mack Stewart Corporation, an Ohio corporation, defendants-appellees, herein.

The parties will be referred to herein as plaintiffs or defendants as in the court below. There were approximately ninety-six plaintiffs who described…