BOARD OF PARK COMMRS. v. CITY OF CLEVELAND, 146 Ohio St. 696 (1946)

67 N.E.2d 629

BOARD OF PARK COMMRS. OF CLEVELAND METROPOLITAN PARK DIST.APPELLANT, v. CITY OF CLEVELAND, APPELLEE.

No. 30690Supreme Court of Ohio.
Decided May 29, 1946.

Supreme Court — Dismissal — No debatable constitutional question involved — Action by park commission against municipal corporation — To enjoin discharging upon park land effluent from sewers — Prayer for injunction and all other relief — Decree enjoined maintaining sewer outlet or discharging effluent from sewers — Appeal on law and fact to Court of Appeals — Decree denied relief prayed for and remanded case — For assessment of damages, if any, and granting equitable relief — Right to adjudication of all issues by Court of Appeals — Authority to remand for adjudication of any issues involved — Section 6, Article IV, Constitution, 1912.

APPEAL from the Court of Appeals of Cuyahoga county.

Messrs. Green, Woods, Lausche Wilmot, for appellant.

Mr. Lee C. Howley, director of law, and Mr. Joseph F. Smith, for appellee.

Page 697

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., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.