Ohio Circuit Courts, 1900

State ex rel. Fenner v. Board of County Commissioners

State ex rel. Fenner v. Board of County Commissioners
Ohio Circuit Courts · Decided October 15, 1900 · Giffen, Smith, Swing
20 Ohio C.C. 659

Counsel

E. G. Kinkead and 3. K. Sogers; Wilson, Oosgrave & Jones.

State ex rel. Fenner v. Board of County Commissioners

Opinion of the Court

SWING, J.

We are unable to distinguish this case from the oases of Hixson v. Burson, 54 Ohio St., 470; State ex rel. v. Davis, 55 Ohio St., 15, and Mott v. Hubbard, 59 Ohio St., 199, and therefore feel bound to hold the act in question unconstitutional. The fact that the law in question does not specifically point out what levee used as a road or bridge approach is tobe improved or repaired by the money realized from the sale of bonds, it seems to us can make no difference. The act still remains local, and the subject of roads and bridge approaches is a matter of a general nature, as decided by the above cases.

Injunction allowed as prayed for.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.