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OTTAWA CTY. BD. OF COMMRS. v. VILLAGE OF MARBLEHEAD

No. 98-1061.

86 Ohio St.3d 43 (1999)

BOARD OF COUNTY COMMISSIONERS OF OTTAWA COUNTY, APPELLANT, v. VILLAGE OF MARBLEHEAD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, L.L.P., Orla E. Collier III, N. Victor Goodman and James F. DeLeone, for appellant.

Vorys, Sater, Seymour & Pease, L.L.P., and Joseph A. Brunetto, for appellees.

COOK, J.

Although Article XVIII of the Ohio Constitution grants municipalities the exclusive authority to provide their residents with utility services, a statute that limits the municipality's power is not unconstitutional if the purpose of the statute is an exercise of the state's police powers and is not a substantial infringement upon the municipality's authority. Because R.C. 6103.04 satisfies these...

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