Ohio Valley Advertising Corp. v. Linzell

Defendant contends and plaintiff concedes that the state may not be sned without its consent and that the instant case is an action against the state. Plaintiff contends that Section 19, Article I of the Ohio Constitution, manifests the state’s assent to be sued by one whose property the state has taken without compensation. See Schmutte v. State, 147 Neb., 193, 22 N. W. (2d), 691; Rose v. State, 19 Cal. (2d), 713, 123 P. (2d), 505. Cf. Lucas v. Carney et ad., Board of County Commrs., 167 Ohio St., 416, 149 N. E. (2d), 238. Apparently, no such contention was before this court in either…