City of Worthington v. Carskadon

The judgment of the Court of Appeals is affirmed for the reasons set forth by Judge Duffey in his concurring opinion which reads as follows:

“The ‘quick take’ by the city, i. e., an immediate entry and seizure of private property prior to any jury verdict, was illegal and unconstitutional. The Ohio Constitution permits immediate entry in time of public exigency and for the purpose of public roads. Section 19, Article I, Ohio Constitution. This case involved only a drainage ditch.

“The city contends it can appropriate and immediately enter upon a man’s property for any public purpose just so…