Legal Opinion

Northern Boiler Co. v. David

Ohio Supreme Court

Decided May 28, 1952No. 32863Published

1Opinion of the CourtMatthias, J.

The demurrer of the defendants, admitting as it does all well pleaded facts in the plaintiff’s petition, presents a single question of law. That question is whether ordinance No. 1941-50 is unconstitutional and void in that it illegally delegates power and authority to an individual to deprive an owner of the proper and legal use of his property.

The plaintiff as the owner of property abutting on a street has certain rights therein different from those of the general public. Such rights are discussed in the case of Crawford v. Village of Delaware, 7 Ohio St., 459. The nature and extent of…

2Cases cited9 opinions

  1. Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
  2. State v. . TenantSupreme Court of North Carolina · 1892
  3. Weber v. Board of HealthOhio Supreme Court · 1947
  4. City of Monticello v. BatesCourt of Appeals of Kentucky · 1916
  5. City of Cincinnati v. CookOhio Supreme Court · 1923

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