BRITT v. COLUMBUS

No. 73-357.

38 Ohio St. 2d 1 (1974)

BRITT ET AL., APPELLANTS AND CROSS-APPELLEES, v. CITY OF COLUMBUS ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided April 3, 1974.


Attorney(s) appearing for the Case

Messrs. Topper, Alloway, Goodman, Deleone & Duffey and Mr. John J. Duffey, for appellants and cross-appellees.

Mr. James J. Hughes, Jr., city attorney, Mr. Robert A. Bell and Mr. James R. Kirk, for appellees and cross-appellants.


STEPHENSON, J.

The novel issue this appeal presents is whether a municipality is constitutionally empowered to appropriate property outside the municipality for the purpose of extending, outside the limits of the municipal corporation, its public utility facilities located within the municipality in order to sell excess public utility products or services, in this case sewage services, solely to nonresidents. The City asserts, in support of the judgment of the Court...

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