112 N.E.2d 664
No. 33420Supreme Court of Ohio.
Decided April 1, 1953.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Municipal corporations — Special assessments for sewer and street improvements — Property owner’s action to enjoin — Failure to protest until after construction completed — Estoppel — Waiver — Defective proceedings subsequently corrected — Resolutions of necessity covering several streets — Failure of title of resolutions to clearly state subject — Councilmanic discretion to improve streets “in the most practical manner” — Abandonment of part of improvement — Owner’s duty to pay assessment not affected — Plans, profiles, etc., not filed when legislation passed — Not ground for declaring assessment void, when — Competitive bidding — Determination of lowest and best bid — Village’s failure to solicit bids for entire improvement — Separate bids solicited for labor, materials, grading, etc. — Village’s authority to proceed with improvement by “force account” — Authority to assess owners for construction under “force account” — Injunction denied — Jurisdiction of Courts of Appeals — Section 6, Article IV, Constitution — Due process — Article XIV, Amendments, U.S. Constitution — Inviolability of property — Section 19, Article I, Constitution.
APPEAL from the Court of Appeals for Trumbull county.
Mr. James J. Boyle, for appellant.
Mr. Leo Luchette, for appellee village of Hubbard.
Mr. Charles Anderson, for appellees Walter LaRue, Treasurer, and William Trimbur, Auditor.
It is ordered and adjudged, sua sponte, 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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.
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