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CLEVELAND ELECTRIC ILLUMINATING CO. v. CITY OF PAINESVILLE

No. 41074.

15 Ohio St. 2d 125 (1968)

THE CLEVELAND ELECTRIC ILLUMINATING CO., APPELLEE, v. CITY OF PAINESVILLE, OHIO, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 10, 1968.

Attorney(s) appearing for the Case

Mr. Lee C. Howley, Mr. Donald Hauser, Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale, Messrs. Baker, Byron & Hackenberg and Mr. Charles P. Baker, Jr., for appellee.

Mr. Wayne Milburn, director of law, Messrs. Dinsmore, Shohl, Coates & Deupree and Mr. James W. Farrell, Jr., for appellant.

MATTHIAS, J.

The primary question raised by this appeal is whether a municipality may refuse to consent to the installation of high voltage electric transmission lines which will pass through but not serve such municipality and whether it can regulate the construction or location of such lines if it does consent.

This court in State, ex rel. Cleveland Electric Illuminating Co., v. Euclid, 169 Ohio St. 476

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