Romberger v. Curl
Romberger v. Curl
Opinion of the Court
1. The jurisdiction of a board of county commissioners, under Part Second, Title III, chapter one, General Code, as codified 108 Ohio Laws, Part 1, page 926 and succeeding pages, to construct a county ditch improvement, can be invoked only by petition.
2. Such petition has performed its function when a board of county commissioners has found either for or against such improvement.
3. When a board of county commissioners has found for a county ditch improvement, its jurisdiction over such improvement is a continuing jurisdiction and it has the power to correct its own jurisdictional mistakes.
4. When a board of county commissioners has found against a county ditch improvement, it has divested itself of all jurisdiction in the premises and is without power to reinvest itself with such jurisdiction.
Judgment reversed.
Reference
- Full Case Name
- Leland Romberger v. Ray Curl, commissioners, and Roy Miller, as auditor of Morrow County, Ohio
- Status
- Published