CONSERVANCY DIST. v. CLOW

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Docket Number

No. 26590

Attorney(S)

Messrs. Wilkin, Fisher Limbach, for appellee. Messrs. Kinsey Allebaugh, for appellants Kent S. Clow and James B. Clow Sons. Mr. R.M. Noll, Messrs. Meyer, Johnson Kincaid, Messrs. Pugh Vandervoort, Mr. J.S. Phillis, Messrs. Strecker Williamson, Mr. J.C. Brenan, Mr. C.D. Fogle, Mr. E.F. Folger, Mr. C.T. O'Neill, Mr. T.J. Summers and Mr. E.E. Erb, for appellants The Citizens National Bank of Marietta and others.

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MUSKINGUM WATERSHED CONSERVANCY DISTRICT, APPELLEE v. CLOW ET AL. AND THE CITTZENS NATIONAL BANK OF MARIETTA ET AL., APPELLANTS. REPORTER'S NOTE — Appeals of Kent S. Clow and James B. Clow Sons were dismissed on October 18, 1937, on application of said appellants.

Supreme Court — Dismissals — No debatable constitutional question involved — Conservancy Act — Section 6828-1 et seq., General Code — Hearing by conservancy court upon appraisals and exceptions — Estimated cost determined less than benefits, and amended appraisal report confirmed — Landowner not prevented from protecting property rights — Section 1, Article I, Constitution — Remedy not denied or property rights taken without due process — Section 16, Article I, Constitution — No deprivation of right to present value of property and evidence of benefits — Inviolability of and compensation for property — Section 19, Article I, Constitution — No deprivation of property without due process — Articles 5 and 14, Amendments to U.S. Constitution.

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, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.

MUSKINGUM WATERSHED CONSERVANCY DISTRICT, APPELLEE v. CLOW ET AL. AND THE CITTZENS NATIONAL BANK OF MARIETTA ET AL., APPELLANTS. REPORTER'S NOTE — Appeals of Kent S. Clow and James B. Clow Sons were dismissed on October 18, 1937, on application of said appellants.

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