Jones v. Board of County Commissioners

OPINION

By HORNBECK, PJ.

This is an appeal on questions of law from a judgment of the Common Pleas Court dismissing plaintiff’s petition for an injunction restraining defendants from proceeding to make collection of an assessment against the lands of plaintiff by reason of a ditch improvement.

Upon issues joined by the pleadings and the findings of fact by the trial judge there is presented a question of law only. As a conclusion of law the Court held that the statutory requirement of §6447 GC for notice to owners of land affected by the construction of the proposed improvement was not…