Nichols v. City of Cleveland
Ohio Supreme Court
Error to the Court of Appeals of Cuyahoga county. The city of Cleveland in 1919 began a proceeding in the court of insolvency of Cuyahoga county to appropriate 4.22 acres of land belonging to the plaintiff in error for park, boulevard and park-driveway purposes. The land is located in and is part of Rockefeller Boulevard. It is included in the connecting parkway between Cordon Park and "Wade Park.
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Error to the Court of Appeals of Cuyahoga county. The city of Cleveland in 1919 began a proceeding in the court of insolvency of Cuyahoga county to appropriate 4.22 acres of land belonging to the plaintiff in error for park, boulevard and park-driveway purposes. The land is located in and is part of Rockefeller Boulevard. It is included in the connecting parkway between Cordon Park and "Wade Park. The land in question is rectangular in shape and is about 365 feet wide, 535 feet long, extending from the easterly side to the westerly side of Rockefeller Boulevard, entirely across the same,…
1Opinion of the CourtJohnson, J.
The paramount and decisive question is: What is the proper rule for the valuation of the property appropriated? The plaintiff in error contends that the courts below entertained an erroneous view as to the law that must govern under the circumstances of this case. The errors complained of relate to the admission and rejection of testimony and to the charge of the trial court. They all disclose the difference in the contentions of the parties as to the proper rule to be followed in the ascertainment of the value of the property.
It is conceded that the tract in question is all included in the…
2Cases cited13 opinions
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Kerr v. South Park CommissionersSupreme Court of the United States · 1886
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