CHESTER TWP. v. POWER SITING COMM.

No. 76-801.

49 Ohio St. 2d 231 (1977)

CHESTER TOWNSHIP, APPELLANT, v. POWER SITING COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 16, 1977.


Attorney(s) appearing for the Case

Mr. Alan Miles Ruben, for appellant.

Mr. William J. Brown, attorney general, and Mr. David E. Northrop, for appellee Power Siting Commission.

Messrs. Guren, Merritt, Sogg & Cohen, Mr. Michael L. Hardy, Mr. James M. Friedman and Mr. Donald H. Hauser, for intervenor-appellee Cleveland Electric Illuminating Co.


WILLIAM B. BROWN, J.

The issues raised by this cause are (1) whether, under R. C. Chapter 4906, the Power Siting Commission must normally defer to local judgment about power line tower designs, (2) whether the testimony of electrical engineers about the effect of electro-magnetic fields on nearby animal and plant life constitutes competent expert witness testimony on which the commission may base its determination, and (3) what is the appropriate standard of review...

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