The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-02-12
MASSILLON KICKS.
She Obi 'cts to the County Paying
the Srwar Assessment.
Judge Pease Grants Temporary In
junotion---The Facts in the Case as
Alleged in the Petition.

A petition in equity was flled in Com
mon Pleas court this morning, which in
wolves the interests of the city of Canton
to a great extent, and will be read with
interest by taxpayers generally. In the
petition the State of Ohio is plaintiff and
the Board Of County Commissioners,
Louis Ioichot, Auditor, and Joseph
Maudru, Treasurer, are defendants. The
action is in reality brought by the Board
of Trade of Massllon, and four principal
taxpayers are mentioned in the persons
of Zachary Shoemaker, John j. Dielhem,
Frank Schworm, and Joseph Openhei-
mer. The petition sets forth that these
four persons are owners of real estate and
are taxpayers in the county. According
to law it was necessary to bring the
action in the name of the state.
In their petition, plaintiffs state that on
February 6, 80 said taXpaycres pCtitiouCd
the Prosecuting Attorney TO bring civil
action against the defendants, to restrain
them from carrying out q certain agree
ment alleged TO have been made with
William Danncmiller and William Vok.
maun on behalf of the city Of Canton.
The prosecutor, it is alleged refused to
take any action in the matter. Plaintiff
says that on May Z, 'SS, the Canton City
Council adopted a resolution declaring II
necessary to improve the city by adding
a main trunk sewer. That on May 22nd
aud June Is, 'SS, a resolutions to improve
the Genital Sewer District, No.
3, of said city. was adopted, in
which district the county property
including the court house and county
jail is situated. That an assess
ment of 5S cents per foot front was agreed
upon. On March 4, '80, an ordinance was
passed to improve TusCarawas and Fifth
streets by the construction Of lateral sew
crs. For this Improvement it was agreed
bv the council to levy an assessment Of
e., E,lI l,ttt inn,
on said sewers. Plaintiff states that no
other property holders have been required
to pay for house or property connections
with said sewers.
On the lOth of October, 'S7, the petition
sets forth, the county commissioners on
application, OF William Dannemiller and
William NO.lmann, representing the
city council and sewer commits
sion of the city of Canton, without
any consideration or authority of law,
agreed to allow the city the sum of $40 600
towards the construction of said sewer.
payanlCin three equal annual installments
as follows: One third when the sewer
shall be properly connected with the
county property, one third in one year and
one third i'm two years.
Tho plaintiff urges that no notice OF
such improvements, namely, connecting
with gaiI sewers, was ever published in
the newspapers, and no time and place
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Plaintiff further states that on January
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