City of Cincinnati v. Bossert Machine Co.

The Court of Appeals did not give proper effect to our decisions sustaining a similar appropria*78tion procedure. Although Masheter v. Huysman, 177 Ohio St. 118, and In re Appropriation of Easements, 172 Ohio St. 338, involved Chapter 5519, Revised Code, the applicable procedure in those cases is virtually identical with that prescribed by Chapter 163. The distinction is terminological. Hence, the difference is insubstantial.

Under Section 5519.02, Revised Code, the owner’s challenge to the finding of value by the Director of Highways is by “petition.” Section 163.08, Revised Code, designates the…