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ST. MARYS v. DAYTON POWER & LIGHT CO.

No. 2-91-12.

79 Ohio App.3d 526 (1992)

CITY OF ST. MARYS, Appellee, v. DAYTON POWER & LIGHT COMPANY, Appellant.

Court of Appeals of Ohio, Auglaize County.

Decided May 4, 1992.

Attorney(s) appearing for the Case

Kraig E. Noble, Law Director, for appellee.

Benjamin F. Yale and Ann H. Stewart, for appellant.

EVANS, JUDGE.

This is an appeal from the judgment of the Common Pleas Court of Auglaize County finding that the city of St. Marys, appellee, had the right under Section 4, Article XVIII of the Ohio Constitution to appropriate a part of an easement owned by Dayton Power & Light Company ("DP & L"), appellant.

In an effort to provide sewer service to the residents of unincorporated areas of Auglaize County...

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