BROOK PARK v. CLEVELAND, 143 Ohio St. 607 (1944)


56 N.E.2d 515

VILLAGE OF BROOK PARK, APPELLANT v. CITY OF CLEVELAND ET AL., APPELLEES.

No. 29961Supreme Court of Ohio.
Decided May 10, 1944.

Supreme Court — Dismissal — No debatable constitutional question involved — Action to enjoin annexation of part of village to city — Based on several grounds including improper apportionment of village debt — Injunction granted on latter ground alone — Appeal by village dismissed on ground appellant not aggrieved — Village contends other questions will be res judicata in later annexation proceedings — Section 3555, General Code — Due process — Right of appeal — Section 16, Article I, and Section 6, Article IV, Constitution.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. R.A. Baskin, village solicitor, for appellant.

Mr. Thomas A. Burke, Jr., director of law, Mr. Joseph F. Smith, Mr. Joseph H. Crowley, Mr. Frank T. Cullitan, prosecuting attorney, and Miss Margaret R. Lawrence, for appellees.

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

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