State, Ex Rel. v. Conserv. Dist.

The right of the state to bring an original action in quowarranto in this court was upheld when a demurrer to the petition was overruled in State, ex rel. Bettman, Atty. Genl., v. Miami Conservancy District, 125 Ohio St. 201 180 N.E. 893. We see no good reason for departing from the views there expressed.

A summary of the essential allegations of the petition is contained in the opinion cited. Suffice it to say here that the state claims to be the owner in fee simple of three described tracts of land in Mad River township, Montgomery county, Ohio, aggregating approximately 26.28 acres, which…