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CITY OF NORTHWOOD v. WOOD CTY. REGIONAL WATER & SEWER DIST.

No. 98-522.

86 Ohio St.3d 92 (1999)

CITY OF NORTHWOOD, APPELLANT, v. WOOD COUNTY REGIONAL WATER AND SEWER DISTRICT, APPELLEE.

Supreme Court of Ohio.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Bricker & Eckler, L.L.P., John F. Birath, Drew H. Campbell, Matthew J. Arnold; Ballenger & Moore Co., L.P.A., and Brian J. Ballenger, for appellant.

Benesch, Friedlander, Coplan & Aronoff, L.L.P., Orla E. Collier III, N. Victor Goodman, James F. DeLeone; Spitler, Vogtsberger & Huffman and Daniel T. Spitler, for appellee.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.

Peck, Shaffer & Williams, L.L.P., and Thomas A. Luebbers, urging affirmance for amicus curiae County Commissioners' Association of Ohio.

Janet E. Jackson, Columbus City Attorney, and Daniel W. Drake, Assistant City Attorney, urging reversal for amicus curiae city of Columbus.

Stephen J. Smith, Dublin Law Director, urging reversal for amicus curiae city of Dublin.

PFEIFER, J.

The principal issue in this case is whether a municipality may exercise eminent domain over public utility facilities owned by a regional water and sewer district. For the reasons that follow, we hold that such an exercise of eminent domain is constitutional as long as the water and sewer district is not thereby destroyed. We reverse the judgment of the court of appeals and remand to the trial...

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