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FAIRWAY MANOR, INC. v. BD. OF COMMRS. OF SUMMIT CTY.

No. 87-952.

36 Ohio St. 3d 85 (1988)

FAIRWAY MANOR, INC. v. BOARD OF COMMISSIONERS OF SUMMIT COUNTY; CITY OF AKRON, APPELLANT; COUNTY OF SUMMIT, APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Max Rothal, director of law, and Pamela A. Walker, Thompson, Hine & Flory, Leslie W. Jacobs and James B. Niehaus, for appellant.

Vorys, Sater, Seymour & Pease, Duke W. Thomas and Scott M. Doran, for appellee.

DOUGLAS, J.

A municipally owned public utility is exempt from restriction or regulation by the General Assembly. Section 4, Article XVIII, Ohio Constitution; Swank v. Shiloh (1957), 166 Ohio St. 415, 2 O.O. 2d 401, 143 N.E.2d 586, paragraph one of the syllabus. The degree of control which the courts will exert over such public utilities is strictly limited to protecting...

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