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STATE EX REL. WATERBURY DEVELOPMENT COMPANY v. WITTEN

No. 77-1353

54 Ohio St. 2d 412 (1978)

THE STATE, EX REL. WATERBURY DEVELOPMENT COMPANY, APPELLEE, v. WITTEN, VILLAGE ADMR., APPELLANT.

Supreme Court of Ohio.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Messrs. Spengler, Nathanson, Heyman, McCarthy & Durfee, Mr. Ralph Bragg and Mr. Gary D. Sikkema, for appellee.

Messrs. Doyle, Lewis & Warner, Mr. Thomas D. Smith, Mr. Alan B. Dills and Mr. Keith K. Johnson, for appellant.

Per Curiam.

The two propositions of law propounded by appellant in this cause are that: (1) municipalities may adopt ordinances providing for tap-in charges for water services subject only to the qualification that such fees "must be fair and reasonable and bear a substantial relationship to the cost involved in providing service to the landowners"; (2) a municipality is not prohibited from levying a charge on new single family dwellings to provide funds for...

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