State ex rel. Rheinfrank v. Gienow

This is an action in mandamus originating in this court.

Relators seek to compel the respondent, Director of Public Works, to hold a hearing pursuant to the provisions of Section 123.61, Revised Code, to determine the title to the bed of the water on which relators’ property abuts.

A demurrer has been filed to the petition and both relators and respondent agree that an order overruling the demurrer will be dispositive of the case.

Relators are the owners of certain lands abutting on the Maumee River. The state, on the theory that the waters on which relators’ property abuts is a part of Lake…