112 N.E.2d 657
No. 33509Supreme Court of Ohio.
Decided June 3, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Real property — Vacation of street — Taxpayer’s action to invalidate — Nonabutting owner’s capacity to maintain action — Claimed invalidity of 1932 ordinance
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effecting vacation — Variance between preamble to ordinance and petition for vacation — Ordinance not passed within three months after completion of notice — Section 3728, General Code — Dedication of land — Statutory — Common-law — Laches — Estoppel — Present owner’s equitable right to compensation — Acquisition of property — Section 1, Article 1, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Ottawa county.
Mr. U.G. Denman, for appellant.
Messrs. True Meyer, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.
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