Legal Opinion

State ex rel. the Andersons v. Masheter

Ohio Supreme Court

Decided December 29, 1964No. 38599PublishedCited by 14 opinions

1Opinion of the CourtMatthias, J.

The question involved in this case is whether the properly authorized construction of a bridge which prevents grain ships from traveling the Maumee River to and from relator’s marine terminal is a taking within the meaning of Section 19, Article I of the Ohio Constitution.

Any person affected has the right to notice and public hearing on any proposed highway change (Section 5511.01, Revised Code) or any proposed obstruction to navigation (Section 513, Title 33, U. S. Code). Relator received notice and participated in the hearing. However, it alleges that it was induced to withdraw its…

2Cases cited4 opinions

  1. State Ex Rel. Squire v. City of ClevelandOhio Supreme Court · 1948
  2. Whitmore v. GilleySupreme Judicial Court of Maine · 1906
  3. Carmazi v. Board of County Com'rs of Dade CountyDistrict Court of Appeal of Florida · 1959
  4. Marine Air Ways, Inc. v. StateNew York Court of Claims · 1951

3Cited by14 opinions

  1. Colberg, Inc. v. State of California Ex Rel. Dept. Pub. Wks.California Supreme Court · 1967
  2. Becker v. LittyCourt of Appeals of Maryland · 1990
  3. Wernberg v. StateAlaska Supreme Court · 1973
  4. McNamara v. City of RittmanOhio Supreme Court · 2005
  5. Commonwealth, Department of Highways v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1968

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