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BD. OF DELAWARE CTY. COMMRS. v. COLUMBUS

No. 85-961.

26 Ohio St. 3d 179 (1986)

BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, APPELLEE, v. CITY OF COLUMBUS, APPELLANT.

Supreme Court of Ohio.

Decided August 25, 1986.

Attorney(s) appearing for the Case

W. Duncan Whitney, prosecuting attorney, for appellee.

Ronald J. O'Brien, city attorney, Riley, Ucker & Lavinsky Co., L.P.A., and Daniel W. Drake, for appellant.

Per Curiam.

The main question to be decided on this appeal is whether the city, acting pursuant to its Article XVIII "utility" powers, may construct the proposed sewer lines here at issue without first complying with the limitations contained in R.C. 6117.01.

The provisions of the Ohio Constitution primarily concerned in this cause are:

Section 4 of Article XVIII:

"Any municipality may acquire, construct, own, lease and operate

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