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BLAINE v. SCHMITKONS

No. 1414.

107 Ohio App. 405 (1958)

BLAINE ET AL., APPELLANTS, v. SCHMITKONS, COUNTY TREAS., ET AL., APPELLEES.

Court of Appeals of Ohio, Lorain County.

Decided June 4, 1958.

Attorney(s) appearing for the Case

Messrs. Myers, Horan & Ashenbach, for appellants.

Mr. Paul J. Mikus, prosecuting attorney, and Mr. J. William McCray, for appellees Carl O. Schmitkons, treasurer, and Frank Ayres, auditor.

Mr. James P. Horn, city solicitor, for appellee city of Elyria.

DOYLE, J.

This action was brought by Richard and Francis Blaine, owners of real property on Glenwood Street in the city of Elyria, Ohio, to enjoin the Auditor and Treasurer of Lorain County "from collecting or attempting to collect" assessments against their property, which assessments were made pursuant to legislation of the council of the city of Elyria.

Following a trial in the Court of Common Pleas of Lorain County, the court denied the relief sought,...

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