154 N.E.2d 821

STOFCHO ET AL., APPELLANTS v. VILLAGE OF MAYFIELD ET AL., APPELLEES.

No. 35797Supreme Court of Ohio.
Decided December 17, 1958.

Supreme Court — Dismissal — No debatable constitutional question involved — Vacation of dedicated street — By adjacent property owner — Alleging abandonment by village — Evidence — Relief denied.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Baker Baker, for appellants.

Messrs. Hartshorn, Thomas, Edelman Fludine, for appellee village of Mayfield.

Messrs. Halle, Haber, Berick McNulty and Mr. Marvin S. Zelman, for appellee Caputo Bros. Builders, Inc.

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, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.

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