Belle v. Glenville
Ohio Circuit Courts
Appeal by plaintiff. The provisions of Lan. R. L. 3106 (R. S. 1694) are mandatory and not directory. Bloom v. Xenia (City), 32 Ohio St. 461; Campbell v. Cincinnati, 49 Ohio St. 463 [31 N. E. Rep. 606] ; Elyria Gas & W. Co. v. Elyria, 57 Ohio St. 374 [49 N. E. Rep. 335], As a condition precedent to the power of the council' of a municipal corporation, to authorize the extension of a street railway therein, there must be produced to the council the written consents of a…
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Appeal by plaintiff. The provisions of Lan. R. L. 3106 (R. S. 1694) are mandatory and not directory. Bloom v. Xenia (City), 32 Ohio St. 461; Campbell v. Cincinnati, 49 Ohio St. 463 [31 N. E. Rep. 606] ; Elyria Gas & W. Co. v. Elyria, 57 Ohio St. 374 [49 N. E. Rep. 335], As a condition precedent to the power of the council' of a municipal corporation, to authorize the extension of a street railway therein, there must be produced to the council the written consents of a majority of the property owners measured by the feet front abutting on the street, along which it is proposed to be…
1Opinion of the CourtMarvin, J.
Suit is brought by the plaintiff to enjoin the city of Glenville and its officers and the Cleveland Electric Railway Company, which is a street *183railroad corporation, from taking any steps toward the construction or operation of a street railroad in Doan street in said city.
Plaintiff is a taxpayer of said city and owns real estate therein, having a frontage on that part of said Doan street along which he alleges said railroad company is about to construct and operate a street railroad, and which it will construct and operate unless enjoined by the court.
Plaintiff, before bringing this suit,…
2Cases cited1 opinion
- South Boston Railroad v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1877