200 N.E. 757

UNITED STATES, QUARRY TILE CO. v. MUSKINGUM WATERSHED CONSERVANCY DISTRICT.

No. 25828Supreme Court of Ohio.
Decided March 11, 1936.

Supreme Court — Dismissals — No debatable constitutional question involved — Muskingum Watershed Conservancy District — Official plan amended, taking claimant’s land — Procedure to amend official plan — Preliminary resolution of necessity — Burden of proving necessity — Notice — Hearing — Due process.

ERROR to the Court of Appeals of Tuscarawas county.

Messrs. Cable Cable, for plaintiff in error.

Messrs. Wilkin, Fisher Limbach, for defendant in error.

It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Petition in error dismissed.

WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, DAY and ZIMMERMAN, JJ., concur.

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