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Cincinnati v. Vester, 281 U.S. 439 (1930)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cincinnati v. Vester, 281 U.S. 439 (1930)
Cincinnati v. Vester Nos. 372 , 373 , and 374 Argued April 17, 21, 1930 Decided May 19, 1930 281 U.S. 439
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. In considering the application of the Fourteenth Amendment to cases of expropriation of private property, the question what is a public use is a judicial one. P. 446.
2. Under Art. XVIII, § 10, of the Ohio Constitution, which provides that a municipality, in appropriating property for a public use, may, "in furtherance of such public use," appropriate an excess over that actually to be occupied by a proposed improvement, and, under § 3679, General Code of Ohio, which requires that, in the making of an appropriation, there shall be a resolution of the municipal council "defining the purpose of the appropriation," etc., a condemnation of private land in excess of that taken for widening a street cannot be sustained where its purpose is stated in the resolution only as being "in furtherance" of the widening of the street and "necessary for the complete enjoyment and preservation of said public use," and where a like general, but no specific, explanation of purpose is in the ordnance providing for the excess appropriation. P. 447.
3. The power conferred on a municipal corporation to take private property for public use must be strictly followed. P. 448.
4. This Court will not decide important constitutional questions unnecessarily or hypothetically. P. 448.
5. Questions relating to the constitutional validity of an excess condemnation by a city should not be determined upon conjecture as to the contemplated purposes when the object of the excess appropriation is not set forth as required by the local law. P. 449.
33 F.2d 242 affirmed.
Certiorari, 280 U.S. 545, to review decrees affirming permanent injunctions awarded by the district court in suits by owners of land in Cincinnati to restrain "appropriations by the city."
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Chicago: U.S. Supreme Court, "Syllabus," Cincinnati v. Vester, 281 U.S. 439 (1930) in 281 U.S. 439 281 U.S. 440. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9D839RLQN6XTS41.
MLA: U.S. Supreme Court. "Syllabus." Cincinnati v. Vester, 281 U.S. 439 (1930), in 281 U.S. 439, page 281 U.S. 440. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9D839RLQN6XTS41.
Harvard: U.S. Supreme Court, 'Syllabus' in Cincinnati v. Vester, 281 U.S. 439 (1930). cited in 1930, 281 U.S. 439, pp.281 U.S. 440. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9D839RLQN6XTS41.
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