154 N.E.2d 822
No. 35743Supreme Court of Ohio.
Decided December 17, 1958.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Action to recover inspection fees — Paid under invalid regulation of board of health — Claim payment involuntary — Defenses — Ability to return parties to status quo — Availability — Effect of payment to city treasurer — Finding full value for inspection fees received — Section 19, Article I, Constitution — Inviolability of private property — Article XIV, Amendments, U.S. Constitution — Due process.
APPEAL from the Court of Appeals for Franklin County.
Mr. John L. Davies, Jr., for appellant.
Mr. Russell Leach, city attorney, and Mr. Alba Whiteside, for appellees.
Page 357
The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, MATTHIAS and BELL, JJ., concur.