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HUBER v. DENGER

No. 87-986.

38 Ohio St. 3d 162 (1988)

HUBER ET AL., APPELLANTS, v. DENGER, GREENE COUNTY SANITARY ENGINEER, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 10, 1988.

Attorney(s) appearing for the Case

John B. Huber, for appellants.

Taft, Stettinius & Walker and Lawrence D. Walker, for appellees Greene County Sanitary Engineer and Board of County Commissioners.

John W. Donahue, for appellee city of Bellbrook.

Miller, Finney & Clark and Marshall L. Clark, for appellee Sugarcreek Township.

James R. Gould and Robert N. Farquhar, urging reversal for amicus curiae, city of Beavercreek.

Philip Aultman, urging reversal for amicus curiae, Board of Township Trustees of Beavercreek Township.

SWEENEY, J.

Appellants have maintained throughout these proceedings that the Greene County Board of County Commissioners is without authority to assess residents of the Greene County Sanitary District served by the Beavercreek plant for the cost of retiring the debt incurred in the construction of the Sugarcreek facility. This contention is without merit.

R.C. 6117.02 prescribes the methods by which county commissioners establish sewer rates. It provides in...

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