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C.E.I. CO. v. CITY OF LAKEWOOD

No. 80-245.

64 Ohio St. 2d 374 (1980)

CLEVELAND ELECTRIC ILLUMINATING CO., APPELLEE, v. CITY OF LAKEWOOD, APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. James H. Woodring, Mr. Alan D. Wright and Mr. Donald H. Hauser, for appellee.

Messrs. Hahn, Loeser, Freedheim, Dean & Wellman, Mr. James B. Davis, Ms. Deborah A. Coleman, Mr. Stephen J. Knerly, Jr., and Mr. William E. Blackie, director of law, for appellant.

DOWD, J.

Three issues must be determined by this court. First, does the Freedom substation fall within the definition of "public utility facility" contained in R. C. 4905.65(A)(2). If the answer is in the affirmative, then, second, does Freedom meet the three tests contained in R. C. 4905.65(B). If it does, then we must determine how much, if any, regulation is permitted the city by the last paragraph of R. C. 4905...

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