Board of Ed. of Cleveland City School Dist. v. Hecht

• Citation: 102 Ohio App. 521,130 N.E.2d 707
• Parties: , 3 O.O.2d 57 BOARD OF EDUCATION OF the CLEVELAND CITY SCHOOL DISTRICT, Plaintiff-Appellee, v. Sarah HECHT et al., Defendants-Appellants. . Cuyahoga County
• Decision Date: 14 December 1955
• Court: United States Court of Appeals (Ohio)

Page 521

102 Ohio App. 521

130 N.E.2d 707, 3 O.O.2d 57

BOARD OF EDUCATION OF the CLEVELAND CITY SCHOOL DISTRICT, Plaintiff-Appellee, v. Sarah HECHT et al., Defendants-Appellants.

Court of Appeals of Ohio. Cuyahoga County.

Dec. 14, 1955.

Ralph S. Locher, Director of Law, Joseph F. Smith, William T. McKnight, Asst. Directors of Law, Cleveland, for plaintiff-appellee.

Emmanuel Hecht, Halle, Haber, Berick & McNulty, Cleveland, for defendants-appellants.

SKEEL, Judge.

This appeal on questions of law comes to this Court from a judgment of the Common Pleas Court entered on the verdict of a jury in an appropriation case. The defendant claims errors in the introduction and rejection of evidence, in the charge of the court and the refusal to give a requested charge before argument, error in the general charge, misjoinder of parties and that the judgment is against the weight of the evidence.

The defendant is the owner of 9 acres of land facing the west side of East 162nd Street somewhat north of Miles Avenue. The School Board is appropriating the northerly 2 1/2 acres having a frontage of 175 feet on East 162nd Street and extending back 661 feet. This property, in conjunction with other adjacent property, totaling about 47 acres, was appropriated for war housing in 1943 by the United States Government on a year to year lease. The War Housing Authority erected multiple dwellings for 84 families on this tract with the necessary sewers, water, gas, paving and landscaping. The defendant's property here appropriated is the northerly 175 feet of the tract facing on East 162nd Street of the property leased by the Government by its appropriation proceedings. The lease provided as shown by the journal of the Federal Court:

'* * * that there be vested in the United States of America the exclusive use of the land described in Schedule 'A' annexed for a period of one year with the right to renew from year to year for the duration of the War Emergency, as determined by the President and three years thereafter, together with the right of the Government to remove all improvements placed thereon by it at the termination of such use * * *.'

The journal is dated November 29, 1943. The defendant became the purchaser of the 9-acre parcel at forfeited land sale on August 1, 1945. This case was tried beginning June 4 and verdict returned on June 10, 1954. The rights of the Federal Government under its lease with power (if such provision is necessary) to remove all of the installations placed on the property will not terminate until July 1, 1956.

In an appropriation case, the value of the property being taken is to be determined as of the time of trial. In re Appropriation of Easement for Highway Purposes, 90 Ohio App. 471, 107 N.E.2d 387; Railroad Co. v. Perkins, 49 Ohio St. 326, 31 N.E. 350; Miami Conservancy District v. Bowers, 100 Ohio St. 317, 125 N.E. 876.

At the time of trial the rights of the Federal Government to remove the improvements was an absolute right whether the property involved was classified as real or personal property. In any event the facts as to the installation of the improvements, the purpose for which they were to be used and the manner of their installation are not in dispute. The question to be decided about the character of the improvement under...