14 N.E.2d 776

MUSKINGUM WATERSHED CONSERVANCY DIST., APPELLEE v. THE OHIO POWER Co., APPELLANT.

No. 26573Supreme Court of Ohio.
Decided March 30, 1938.

Conservancy district — Report of appraisers — Excessive benefits assessed — Lack of uniformity in making appraisal of benefits — Taking private property without compensation — Article 1, Section 19, Constitution of Ohio — Due process — Articles V and XIV, Amendments to United States Constitution.

APPEAL from the Court of Appeals of Tuscarawas county.

Mr. James E. Patrick and Mr. Henry W. Harter, Jr., for appellee.

Messrs. Kinsey Allebaugh, for appellant.

Page 492

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, DAY and WILLIAMS, JJ., concur.

GORMAN, J., not participating.

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