# Ellis v. Ohio Turnpike Commission

> Ohio Supreme Court · June 30, 1954 · 162 Ohio St. (N.S.) 86

URL: https://www.frixlaw.com/law-library/cases/8354149

## Case

- **Full name:** Ellis v. Ohio Turnpike Commission, Appellee Solether v. Ohio Turnpike Commission
- **Court:** Ohio Supreme Court
- **Decided:** June 30, 1954
- **Citations:** 162 Ohio St. (N.S.) 86
- **Precedential status:** Published
- **Opinion:** Concurrence by Lamneck
- **Judges:** Hart, Lamneck, Middleton, Stewart, Taft, Zimmerman
- **Cited by:** 0 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/8354149

## Opinion text

Lamneck, J.,
concurring. I concur in paragraphs one and three of the syllabus and in the judgments. However, I am of the opinion that existing statutory authority is sufficiently comprehensive to permit the Turnpike Commission to adopt a resolution, or resolutions, of appropriation which will eliminate billboards and other advertising media in close proximity to a turnpike, which tend to affect safety of travel on a turnpike. In the absence of specific legislative authority defining the authority of the Turnpike Commission relative thereto, the necessity of such appropriation must be clearly shown, and the appropriation resolution therefor must be confined to reasonable and definite territorial limits, and the advertising media, to be eliminated, must not include that which would not *96 ordinarily distract the attention of a driver of a motor vehicle using a turnpike.
The appropriation resolutions in the instant cases are too indefinite and uncertain to be valid and enforceable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8354149. Public record. Not legal advice.