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STATE, EX REL. LEWIS v. CONS. DIST.

Nos. 33460, 33489, 33490 and 33492.

160 Ohio St. 155 (1953)

THE STATE, EX REL. LEWIS, PROS. ATTY., v. SCIOTO-SANDUSKY CONSERVANCY DIST. THE STATE, EX REL. SCIOTO-SANDUSKY CONSERVANCY DIST., v. SAMSON, AUD. THE STATE, EX REL. SCIOTO-SANDUSKY CONSERVANCY DIST., v. McCURDY, AUD. THE STATE, EX REL. NANCE, v. DUNN, AUD.

Supreme Court of Ohio.

Decided July 15, 1953.

Attorney(s) appearing for the Case

Mr. Clyde E. Lewis, prosecuting attorney, in propria persona in case No. 33460.

Mr. Allen I. Pretzman and Mr. E. W. Dillon, for respondent in case No. 33460 and for relator in cases Nos. 33489 and 33490.

Mr. Clyde E. Lewis, Mr. Lloyd George Kerns, prosecuting attorneys, and Mr. Luther L. Liggett, for respondents in cases Nos. 33489 and 33490.

Mr. Luther L. Liggett, for relator in case No. 33492.

Mr. Frank H. Kearns, prosecuting attorney, and Mr. Paul W. Martin, for respondent in case No. 33492.

Per Curiam.

As we view the matter, the primary question presented is whether the so-called "preliminary tax" provided for in the second paragraph of Section 6828-43, General Code, is in reality a tax or merely an assessment. If it is the former, no immediate duty rests on the county auditors to place the same upon the tax lists and duplicates of their respective counties as demanded by the conservancy district.

So much of the second paragraph of Section...

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