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CABLEVISION OF MIDWEST INC. v. GROSS

No. 92-1820.

70 Ohio St.3d 541 (1994)

CABLEVISION OF THE MIDWEST, INC., APPELLEE AND CROSS-APPELLANT, v. GROSS ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Thrasher, Dinsmore & Dolan, Dale H. Markowitz and Paul J. Dolan, for appellee/cross-appellant.

Rubin Guttman Co., L.P.A., and Rubin Guttman, for appellants/cross-appellees.

MOYER, C.J.

This case presents the court with two interrelated issues. First, we must decide whether Cablevision is a communications business under R.C. 4931.11, thereby entitling it to exercise the power of eminent domain described in R.C. 4931.04. Second, in the event we answer the first issue in the negative, we must decide whether the city of North Royalton, which possesses the power of eminent domain as an Ohio municipality, validly delegated that power to Cablevision...

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