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CITY OF ROCKY RIVER v. CLEVELAND ELECTRIC ILLUMINATING CO.

No. 902,939.

40 Ohio Misc. 17 (1973)

CITY OF ROCKY RIVER v. THE CLEVELAND ELECTRIC ILLUMINATING COMPANY.

Common Pleas Court of Cuyahoga County.

Decided April 4, 1973.

Attorney(s) appearing for the Case

Mr. Frank H. Lord, law director, Mr. William H. Wallace, Messrs. Thompson, Hine & Flory and Mr. Alan R. Lepene, for plaintiff.

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann and Mr. Donald H. Hauser, for defendant.

MARSHALL, J.

This action concerns itself with the threatened construction by the defendant, The Cleveland Electric Illuminating Company ("CEI"), of a high voltage electric power line identified in this case and known as the "Clague-Edgewater line."

The defendant proposes to construct the Clague-Edgewater line along the Norfolk and Western Railroad right-of-way through present and planned residential, recreational

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