146 N.E.2d 306

IN RE APPROPRIATION FOR HIGHWAY PURPOSES: P.J.C., INC., APPELLANT, v. LINZELL, DIR., APPELLEE.

No. 35296Supreme Court of Ohio.
Decided November 13, 1957.

Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property — Director of Highways — Resolution of inability to purchase — Finding of value — Appeal by property owner — Election to accept amount determined by director as value of structures — Amount paid before jury impaneled — Examination of structures by jury — Verdict as to value of structures less than found by director — Judgment rendered on verdict — Section 5519.01 et seq., Revised Code — Statutory construction — Issues to be submitted to jury.

APPEAL from the Court of Appeals for Hamilton County.

Mr. Sol Goodman, for appellant.

Mr. William Saxbe, attorney general, and Mr. Hugh E. Kirkwood, Jr., for appellee.

Per Curiam.

The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT, MATTHIAS and HERBERT, JJ., concur.

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