102 N.E.2d 601
No. 32772Supreme Court of Ohio.
Decided November 21, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Sanitary districts — Section 6602-34 et seq., General Code — Special annual bond-retirement tax assessment — May exceed yearly bonded debt payment — Section 6602-78, General Code — Accumulation of “surplus” in contingent account — Authority to assess where unexpended funds exceed bonded debt — Use of “surplus” — Improvements and construction of new facilities — Section 6602-89, General Code — Taxation — Sections 2 and 5, Article XII, Constitution.
APPEAL from the Court of Appeals for Mahoning county.
Mr. William B. Spagnola and Mr. James E. Mitchell, for appellants.
Mr. W.P. Barnum, for appellee The Mahoning Valley Sanitary District.
Mr. William A. Ambrose, prosecuting attorney, for appellee Charles B. Rayburn, Auditor.
Per Curiam.
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, STEWART, MIDDLETON and MATTHIAS, JJ., concur.
Page 383