Miller v. City of Cincinnati

Ohio Circuit Courts

Miller v. City of Cincinnati

18 Ohio C.C. 869

DecidedJanuary 15, 1898

StatusPublished

This text of 18 Ohio C.C. 869 (Miller v. City of Cincinnati) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. City of Cincinnati, 18 Ohio C.C. 869 (Ohio Super. Ct. 1898).

Pincite

Opinion

Swing, J.

This is an action to enjoin the collection of a oertain assessment for the construction of a sewer, on the ground that the lot in question is exempt under the statute on account of being provided with local drainage, or does not need it. It seems to us that the statute should bé more explicit in this regard; that it should be mere definite in pointing out the limitations of the lots to be assessed. As it stands now, whether a lot needs drainage or has drainage must be largely a question merely, and not regulated by any fixed standard. In our opinion the lot in question here is subject to the assessment,and íb not exempt either on the ground that it does not need drainage or has local drainage.

The petition will be dismissed.

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Swing, J.

This is an action to enjoin the collection of a oertain assessment for the construction of a sewer, on the ground that the lot in question is exempt under the statute on account of being provided with local drainage, or does not need it. It seems to us that the statute should bé more explicit in this regard; that it should be mere definite in pointing out the limitations of the lots to be assessed. As it stands now, whether a lot needs drainage or has drainage must be largely a question merely, and not regulated by any fixed standard. In our opinion the lot in question here is subject to the assessment,and íb not exempt either on the ground that it does not need drainage or has local drainage.

The petition will be dismissed.

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Bluebook (online)

18 Ohio C.C. 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-city-of-cincinnati-ohiocirct-1898.