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STATE, EX REL. CLEVELAND ELECTRIC ILLUMINATION CO. v. EUCLID

No. 35907.

169 Ohio St. 476 (1959)

THE STATE, EX REL. THE CLEVELAND ELECTRIC ILLUMINATING CO., APPELLEE, v. CITY OF EUCLID ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 15, 1959.

Attorney(s) appearing for the Case

Mr. Lee C. Howley, Mr. Donald H. Hauser, Messrs, Squire, Sanders & Dempsey, Mr. John Lansdale and Mr. Donn B. Miller, for appellee.

Mr. John F. Ray, Jr., director of law, Mr. Paul H. Torbet and Mr. Perry L. Graham, for appellants.

MATTHIAS, J.

The determinative issue in this case is whether a municipal ordinance requiring electric power companies to place wires carrying in excess of 33 KV (33,000 volts) underground constitutes a valid exercise of the police power.

There is no question that such companies are subject to reasonable regulation in relation to the construction of their lines.

Section 715.27, Revised Code, provides:

"Any municipal corporation may:<...

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