City of Cuyahoga Falls v. Beck

Ohio Supreme Court
City of Cuyahoga Falls v. Beck, 2 Ohio Law. Abs. 260 (Ohio 1924)
Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker

City of Cuyahoga Falls v. Beck

Opinion of the Court

ALLEN, J.

Under Section 3848, General Code, a property owner objecting to a street assessment made according to benefits by a municipality, must file his objection in writing with the clerk of the municipality within two weeks after the expiration of the notice given under Section 3895, General Code. Where the property owner has received actual notice of the amount of the assessment, failure to file such written objection constitutes waiver of the right to question the assessment in a court of equity under Section 12075, General Code, and this is true even though the assessment exceeds 33 1-3 per cent of the actual value of the lot or parcel of land in question after the imporvement is made.

Judgment reversed-

Marshall, C. J., Jones, Matthias and Day, JJ., concur. Robinson, J., concurs in the judgment. Wanamaker, J., not participating.

Reference

Full Case Name
City of Cuyahoga Falls v. Carl Beck
Status
Published