Hartwig Realty Co. v. City of Cleveland

The authority relied upon for the diversion of funds complained of is Section 130 of the Municipal Code of the city of Cleveland, which confers upon the Commissioner of Water the charge and management of all plants of the city for furnishing water to its inhabitants, and for the use of others to whom it may be sold, and then provides:

“The operation of sewage disposal plants shall be treated and construed as being part of the operation of water purification.”

Whatever may have been the ulterior motive prompting the enactment of that provision, its ultimate result is to take monies from the…