Ohio § 6117.24

§ 6117.24.

Any court in which an action is brought to enjoin, reverse, or declare void the proceedings

by which any improvement has been made or ordered to be made under sections 6117.01 to 6117.45 , inclusive, or 6103.02 to 6103.30, inclusive, of the Revised Code , or to enjoin a collection of a tax or assessment levied for such purpose, or any

part thereof, or to which appeal is taken under section 6117.09 of the Revised Code to declare the improvement unnecessary or to amend the boundaries of any assessment

district, or to modify the tentative assessment prior to the construction of any improvement,

if there is manifest error in such proceedings affecting the right of the plaintiff

in such action, may set such proceedings aside as to him without affecting the rights

or liabilities of the other parties in interest. The court shall allow parol testimony that said improvement will be conducive to the

public health, convenience, and welfare and that any steps required by law for an

improvement have been substantially complied with, notwithstanding any errors or defects

in any record required to be kept by any board or officer, and without finding error

the court may correct any gross injustice in the assessment made by the board of county

commissioners.  The court on the final hearing shall make such order as it deems equitable, and

order any tax or assessment levied against the plaintiff to remain on the duplicate

for collection, or order it to be levied in whole or in part, or perpetually enjoin

it or any part thereof, or if it has been paid under protest, order the whole or such

part thereof as it deems proper to be refunded.  The cost of such action shall be apportioned among the parties or paid out of the

county treasury as the court directs.