Legal Opinion

First Federal Savings & Loan Ass'n of Galion v. Hayes

Ohio Court of Appeals

Decided October 7, 1987No. CA-2484 and CA-2496PublishedCited by 2 opinions

1Opinion of the CourtMilligan, J.

The narrow and singular issue in this mortgage foreclosure action focuses upon sewer charges levied against the landowner by the city of Mansfield and whether such charges ipso facto become a valid lien upon real estate deserving priority as against bona fide purchasers or creditors without either record notice or actual notice of such charges.

R.C. 729.49 provides in part:

“The legislative authority of a municipal corporation which has installed or is installing sewerage, a system of sewerage, sewage pumping works, or sewage treatment or disposal works for public use, may, by ordinance,…

2Cases cited3 opinions

  1. Western Reserve Steel Co. v. Village of Cuyahoga HeightsOhio Supreme Court · 1928
  2. Union Properties, Inc. v. City of ClevelandOhio Supreme Court · 1943
  3. NORTH WASH., ETC. v. Majestic Sav. & Loan Ass'nColorado Court of Appeals · 1979

3Cited by2 opinions

  1. Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010
  2. In re BurksUnited States Bankruptcy Court, N.D. Ohio · 1995

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