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CITY OF COLUMBUS v. OHIO POWER SITING COMMISSION

No. 78-1236.

58 Ohio St. 2d 435 (1979)

CITY OF COLUMBUS, APPELLEE AND CROSS-APPELLANT, v. OHIO POWER SITING COMMISSION ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Mr. Gregory S. Lashutka, city attorney, Mr. Patrick M. McGrath and Mr. Gordon P. Shuler, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, Mr. E. Dennis Muchnicki, for appellants and cross-appellees.

PAUL W. BROWN, J.

The issue in this cause arises from a confrontation of the legislature's inherent constitutional authority to exercise the police power and the city of Columbus' constitutional right to construct, own and operate a public utility.

The relevant constitutional provision, Section 4 of Article XVIII of the Ohio Constitution, states, in part:

"Any municipality may acquire, construct, own, lease and operate within or without its corporate...

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