State Ex Rel. Muskingum Watershed Conservancy Dist. v. Myers, 54 N.E.2d 656 (Ohio 1944). · Go Syfert
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State Ex Rel. Muskingum Watershed Conservancy Dist. v. Myers, 54 N.E.2d 656 (Ohio 1944). Cases Citing This Book View Copy Cite
26 citation events (5 in the last 25 years) across 11 distinct courts.
Strongest positive: Cuyahoga Cty. v. Testa (Slip Opinion) (ohio, 2016-01-19)
Treatment trajectory · 1954 → 2026 · click a year to view as-of
1954 1990 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Cuyahoga Cty. v. Testa (Slip Opinion)
Ohio · 2016 · signal: see · confidence high
See Toledo v. Jenkins, 143 Ohio St. 141, 152 , 54 N.E.2d 656 (1944) (“the mere fact that revenue is received” for parts of a municipal airport rented out to private parties “to promote aviation by extending service at the airport to all the public using its facilities” did “not change the public aspect, so long as the purpose of the utility is subserved and the objective is not primarily to obtain revenue”). {¶ 33} Beyond the “view to profit” finding, however, we find additional support for denying the exemption in the second prong of the test set forth in R.C. 5709.121(A)(2).
discussed Cited "see" Delta Air Lines, Inc. v. Coleman (2×)
Ga. · 1963 · signal: see · confidence high
See City of Dayton v. Haines, 156 Ohio St. 366 ( 102 NE2d 590 ), and City of Toledo v. Jenkins, 143 Ohio St. 141 ( 54 NE2d 656 ).
discussed Cited "see, e.g." ShadoArt Prods., Inc. v. Testa (Slip Opinion) (2×)
Ohio · 2016 · signal: see, e.g. · confidence low
See, e.g., Toledo v. Jenkins, 143 Ohio St. 141 , 158-159, 54 N.E.2d 656 (1944); Evans Invest.
discussed Cited "see, e.g." Borough of Moonachie v. Port of New York Authority
N.J. · 1962 · signal: see also · confidence low
See also, City of Toledo v. Jenkins, 143 Ohio St. 141 , 54 N. E. 2d 656 (Sup. Ct. 1944); Wentz v. City of Philadelphia, 301 Pa. 261 , 151 A. 883 (Sup. Ct. 1930); and compare generally New Jersey Turnpike Authority v. Washington Township, supra; Annotation, 101 A. L.
Retrieving the full opinion text from the archive…
The State, Ex Rel. Muskingum Watershed Conservancy Dist.,
v.
Myers, Treas
29884.
Ohio Supreme Court.
Apr 12, 1944.
54 N.E.2d 656
Messrs. Fisher, Limbach, Smith Renner , for relator.
Weygandt, Matthias, Hart, Zimmerman, Bell, Williams, Turner.
Published

This, cause coming on to be heard on the return of the alternative writ of mandamus heretofore issued herein, and no answer having been made by respondent, the court finds the facts to be as set forth in the petition, and that relator is entitled to have the writ made peremptory.

It is therefore ordered that a peremptory writ of mandamus issue against the respondent, H. H. Myers, Treasurer of Washington county, Ohio, for the performance of the acts hereinbefore alternatively ordered, and that immediately upon the service of this writ he act accordingly and proceed to collect the first half of the 1938 annual and maintenance assessments of relator, Muskingum Watershed Conservancy District, against the village of Beverly, a public corporation in Washington county, Ohio, in the following amounts:

1st % 1938 1st % 1938 Total due including

Annual levy Maintenance as- 10% penalty sessment

$118.62 $39.54 $173.98

together with interest, and report and pay the same to relator.

[*201] It is further ordered that the respondent pay the costs herein taxed at $...., for which execution is awarded. ;

Writ allowed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Bell. and Williams, JJ., concur. Turner, J., not participating.