Weaver v. Pennsylvania-Ohio Power & Light Co.

KNAPPEN, Circuit Judge.

The bill in this case seeks to enjoin the relocation of a portion of an intercounty highway known as the “Ohio River Road,” in the vicinity of Toronto, Ohio, involving the taking of a strip across plaintiff appellant’s land, against his contention that in such relocation the highway commissioners acted, not in the interest of public necessity, welfare, or convenience, but for the benefit of private interests only, and so in abuse of the power of eminent domain, and in violation of the Constitution of Ohio (article 1, § 19) and the Fifth and Fourteenth Amendments to the…