City of Norwood v. Sheen, Exr.

The disposal of sewage is a governmental function. City of Mansfield v Balliett, 65 Oh St, 451.

There is no question but that the act of the City of Norwood in permitting the sewage to flow over and upon the plaintiff’s property constituted an appropriation of property to that extent. In the case of Schneider v Brown et Commissioners, etc, 33 Oh Ap, 269, it was held that the temporary use of property was an appropriation for that purpose. So in the case at bar, the using of the property for the disposal of sewage was an appropriation to that extent of the property.

The City also claims that the…