# State Ex Rel. Kauer v. Defenbacher

> Ohio Supreme Court · March 22, 1950 · 153 Ohio St. 268

URL: https://www.frixlaw.com/law-library/cases/3784209

## Case

- **Full name:** The State, Ex Rel. Kauer, Dir. of Dept. of Highways, v. Defenbacher, Dir. of Dept. of Finance, Et Al.
- **Court:** Ohio Supreme Court
- **Decided:** March 22, 1950
- **Citations:** 153 Ohio St. 268; 153 Ohio St. (N.S.) 268; 41 Ohio Op. 278; 91 N.E.2d 512; 1950 Ohio LEXIS 471
- **Precedential status:** Published
- **Opinion:** Concurrence by Weygandt
- **Judges:** Taft, Hart, Zimmerman, Stewart, Weygandt, Matthias, Turner, Hast
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3784209

## Opinion text

Weygandt, C. J.,
concurring. The question in this case is a simple one.
It is not an over-simplification to state that, reduced to its lowest terms, the problem presented at this time involves merely the authority of the relator as the Director of the Department of Highways of the State of Ohio to use money concededly appropriated by the General Assembly for his use in the “highway improvement fund.” It is conceded, too, that the money is available in that fund. Furthermore, it is not disputed that the proposed turnpike is directly related to the improvement of the highway system of the state. Hence, it would seem that even without the enactment of Section 1220, General Code, the relator possesses the authority to expend available funds for a study of the feasibility of a so-called turnpike or any other project directly related to the improvement of the highway system of the state.
*285
Hast, J., concurs in the foregoing concurring opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3784209. Public record. Not legal advice.