State Bd. of Health v. Ort, No. 12211.
| Docket Nº | No. 12211. |
| Citation | 151 N.E. 31, 84 Ind.App. 260 |
| Case Date | March 12, 1926 |
| Court | Court of Appeals of Indiana |
84 Ind.App. 260
151 N.E. 31
STATE BOARD OF HEALTH
v.
ORT, Township Trustee.
No. 12211.
Appellate Court of Indiana, in Banc.
March 12, 1926.
Appeal from Superior Court, St. Joseph County.
Complaint by Arthur D. Ort, as trustee of Greene School Township in St. Joseph County, as an appeal from an order of the State Board of Health. Judgment for the complainant, a new trial was denied, and the State Board of Health appeals. Affirmed.
[151 N.E. 32]
C. R. Montgomery, of South Bend, A. L. Gilliom, Atty. Gen., and U. S. Lesh (former Atty. Gen.), of Indianapolis, for appellant.
W. S. Carlisle and Parker, Crabill, Crumpacker & May, all of South Bend, for appellee.
REMY, J.
Before the state board of health, in a proceeding entitled, “In the Matter of the Condemnation of Public School Buildings and Premises in School District No. 1, Greene Township, St. Joseph County,” the board, having heard the evidence, found as to the condition of the building and premises the following facts: Site not well drained; no walks leading to schoolhouse or outside privies; foundation and brick walls of school building cracked and crumbling; shingle roof leaks; window frames and sash in bad condition; seats stationary, old, and dilapidated; no cloakroom provided; door opens inwardly; schoolroom cross-lighted and light area of schoolroom insufficient. There were other conditions of the buildings and premises which were found to exist, but for the purposes of this opinion it is unnecessary to set them out.
Upon its finding, the board made and caused to be entered upon its records the following decision and order:
“The state board of health hereby finds that, by reason of the above conditions, said schoolhouse and premises are unfit for use as a school; that the schoolhouse and school premises are insanitary and in an insanitary, unsafe, and dangerous condition. *** Wherefore the state board of health *** hereby condemns said schoolhouse, *** and orders and directs that said schoolhouse *** shall not be used for school purposes after May 1, 1924, unless and until the above insanitary conditions shall have been remedied.”
Seven other proceedings, each similarly entitled except as to the number of the school district, were heard at the same time, and there was substantially the same decision and order as to each of the seven school buildings as was made in reference to school district No. 1. From these several orders, the township trustee, appellee herein, appealed to the St. Joseph...
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Indiana State Personnel Board v. Parkman, No. 20675
...114, 23 N.E.2d 472, 125 A.L.R. 736; Luten v. Schmidt (1928), 88 Ind.App. 134, 163 N.E. 536; State Board, etc. v. Ort, Trustee (1926), 84 Ind.App. 260, 151 N.E. 31; In re Northwestern Indiana Tel. Co. (1930), [142 Ind.App. 263] 201 Ind. 667, 171 N.E. 65; Cushman v. Hussey (1918), 187 Ind. 22......
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Indiana Alcoholic Beverage Commission v. Biltz, No. 20745
...See Cushman v. Hussey (1918) [142 Ind.App. 421] 187 Ind. 228, 118 N.E. 816; State Board of Health, etc., v. Ort, Township Trustee (1926) 84 Ind.App. 260, 151 N.E. It was further held that the right of appeal from administrative boards applied only to decisions involving the exercise of judi......
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Gerhardt v. City of Evansville, No. 1-779A207
...by the statute. See Cushman v. Hussey (1918) 187 Ind. 228, 118 N.E. 816; State Board of Health, etc. v. Ort, Township Trustee (1926) 84 Ind.App. 260, 151 N.E. It was further held that the right of appeal from administrative boards applied only to decisions involving the exercise of judicial......
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Christ v. Jovanoff, No. 12617.
...recent decisions of the Supreme Court, have been void. Gum E. R. Co. v. Mexico, etc., Co., 39 N. E. 443, 140 Ind. 158, 30 L. R. A. 700. [151 N.E. 31]But appellee's original action was not an action for an account for the recovery of a money judgment. So far as disclosed by the record in the......
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Indiana State Personnel Board v. Parkman, No. 20675
...114, 23 N.E.2d 472, 125 A.L.R. 736; Luten v. Schmidt (1928), 88 Ind.App. 134, 163 N.E. 536; State Board, etc. v. Ort, Trustee (1926), 84 Ind.App. 260, 151 N.E. 31; In re Northwestern Indiana Tel. Co. (1930), [142 Ind.App. 263] 201 Ind. 667, 171 N.E. 65; Cushman v. Hussey (1918), 187 Ind. 22......
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Indiana Alcoholic Beverage Commission v. Biltz, No. 20745
...See Cushman v. Hussey (1918) [142 Ind.App. 421] 187 Ind. 228, 118 N.E. 816; State Board of Health, etc., v. Ort, Township Trustee (1926) 84 Ind.App. 260, 151 N.E. It was further held that the right of appeal from administrative boards applied only to decisions involving the exercise of judi......
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Gerhardt v. City of Evansville, No. 1-779A207
...by the statute. See Cushman v. Hussey (1918) 187 Ind. 228, 118 N.E. 816; State Board of Health, etc. v. Ort, Township Trustee (1926) 84 Ind.App. 260, 151 N.E. It was further held that the right of appeal from administrative boards applied only to decisions involving the exercise of judicial......
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Christ v. Jovanoff, No. 12617.
...recent decisions of the Supreme Court, have been void. Gum E. R. Co. v. Mexico, etc., Co., 39 N. E. 443, 140 Ind. 158, 30 L. R. A. 700. [151 N.E. 31]But appellee's original action was not an action for an account for the recovery of a money judgment. So far as disclosed by the record in the......