CAMPANELLI v. AT&T WIRELESS SERV. INC.

Nos. 98-46 and 98-94.

85 Ohio St.3d 103 (1999)

CAMPANELLI, DIR., APPELLANT, v. AT&T WIRELESS SERVICES, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Robert D. Horowitz, Stark County Prosecuting Attorney, and Scott R. Piepho, Assistant Prosecuting Attorney, for appellant.

Kegler, Brown, Hill & Ritter Co., L.P.A., William J. Brown, Gene W. Holliker and Robert G. Schuler; Graves & Horton, Donet D. Graves and Harold C. Reeder, for appellee AT&T Wireless Services, Inc.

Calfee, Halter & Griswold L.L.P., Albert J. Lucas and Maura L. Hughes, for intervenor-appellee Ameritech Wireless Communications, Inc.

Jones, Day, Reavis & Pogue, Kathleen B. Burke and Randall A. Cole, urging affirmance for amicus curiae, Nextel Communications, Inc.


MOYER, C.J.

The sole issue to be determined by this court is whether wireless telecommunications providers, such as appellees, AT&T and Ameritech, are public utilities for the purposes of R.C. 519.211. Appellant, Nicholas R. Campanelli, asserts that wireless telecommunications providers are not public utilities within the scope of R.C. 519.211, and are thus subject to the restrictions contained in local zoning ordinances. Appellees, AT&T and Ameritech...

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