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CITY OF WOOSTER v. GRAINES

No. 89-403.

52 Ohio St. 3d 180 (1990)

THE CITY OF WOOSTER, APPELLEE, v. GRAINES, TRUSTEE, APPELLANT.

Supreme Court of Ohio.

Decided July 3, 1990.

Attorney(s) appearing for the Case

H. Lloyd Cornelius, director of law, for appellee.

Paul M. Greenberger and Ellen S. Mandell, for appellant.

HOLMES, J.

It is beyond dispute that Section 4, Article XVIII of the Ohio Constitution authorizes a municipality to own and operate a utility.1 Therefore, Wooster, as a municipality, had the authority to establish and maintain the sewer utility as long as the rates to be charged and the revenue collected therefrom complied with the mandates of R.C. 729.49 and 729.52.

R.C. 729.49 provides in pertinent part:

"The legislative...

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