26 N.E.2d 1018 | Ohio | 1940
The principal question of law involved is stated by counsel for plaintiffs, appellants herein, as follows:
"Where a property owner did not avail himself of his statutory remedies, is he barred from seeking to enjoin, under Section 12075 of the General Code, the collection of assessments for the construction of a sanitary sewer, the proceedings for which were properly had and notice given before the improvement was made, when the circumstances are such thatthe improvement was not and cannot be of any benefit to hisland?" (Italics ours.)
The Court of Appeals relied upon the case of City of CuyahogaFalls. v. Beck,
The same fundamental principle, applicable to failure to pursue statutory remedies after notice, was enunciated also inBashore v. Brown, Treas.,
The facts in the Falor case, supra, with reference to notice to the property owner, are readily distinguishable from those of the case at bar inasmuch as notice is here conceded.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., DAY, ZIMMERMAN, MATTHIAS and HART, JJ., concur.
WILLIAMS and MYERS, JJ., dissent. *517