CLEVELAND ELEC. ILLUM. CO. v. CITY OF CLEVELAND

No. 87-852.

37 Ohio St. 3d 50 (1988)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 25, 1988.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, Daniel J. O'Loughlin, Frank J. Pokorny, Alan D. Wright and Carl E. Chancellor, for appellant.

Calfee, Halter & Griswold, John E. Gotherman, Mark I. Wallach, Marilyn G. Zack, director of law, and June M. Wiener, for appellees.

Kelley, McCann & Livingstone, Stephen M. O'Brien and Daniel S. Strouse, urging affirmance for amicus curiae, Ohio Municipal Attorneys Assn.

Patrick A. D'Angelo, urging reversal for amicus curiae, Cleveland Police Patrolmen's Assn.


DOUGLAS, J.

The question we must decide today is whether the Charter of the city of Cleveland forbids the release of Muni Light from any obligation to repay the sum of $29,450,273 previously expended by the city for the benefit of Muni Light. We hold that the city charter prohibits the use of tax-generated funds to subsidize municipally owned public utilities such as Muni Light.

The Charter of the city of Cleveland contains the following pertinent provisions...

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