TOLEDO EDISON COMPANY, APPELLANT,
v.
CITY OF BRYAN ET AL., APPELLEES.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted June 7, 2000.
Decided November 15, 2000.
Attorney(s) appearing for the Case
Fuller & Henry, Ltd., Craig J. Van Horsten and Mary Ann Whipple; and Michael R. Beiting, for appellant.
Kent L. North, Bryan City Attorney; Chester, Willcox & Saxbe, L.L.P., and John W. Bentine; Duncan & Allen and John P. Coyle, for appellees.
Jones, Day, Reavis & Pogue and Paul T. Ruxin, urging reversal for amici curiae Allegheny Power, Cincinnati Gas & Electric Company, Dayton Power & Light Company, Ohio Edison Company, and the Cleveland Electric Illuminating Company.
Gary A. Jack, urging reversal for amicus curiae Allegheny Power.
James B. Gainer, urging reversal for amicus curiae Cincinnati Gas & Electric Company.
Arthur G. Meyer, urging reversal for amicus curiae Dayton Power & Light Company.
Chester, Willcox & Saxbe, L.L.P., J. Craig Wright and Jeffrey L. Small, urging affirmance for amicus curiae AMP-Ohio.
Zoll & Kranz, L.L.C., and David W. Zoll; Vorys, Sater, Seymour & Pease, L.L.P., Sheldon A. Taft and Jason J. Kelroy, urging affirmance for amicus curiae Chase Brass and Copper Company.
McNees, Wallace & Nurick and Samuel C. Randazzo, urging affirmance for amicus curiae Industrial Energy Users-Ohio.
Lawrence J. Seltzer, Jr., urging affirmance for amicus curiae Ohio Council of Retail Merchants.
Vorys, Sater, Seymour & Pease, L.L.P., Sheldon A. Taft and Jason J. Kelroy, urging affirmance for amicus curiae Ohio Manufacturers' Association.
John E. Gotherman, urging affirmance for amicus curiae Ohio Municipal League.
David C. Reinbolt, urging affirmance for amicus curiae Ohio Partners for Affordable Energy.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
We are asked to determine whether a municipality has constitutional authority to purchase electricity solely for direct resale to an entity that is not an inhabitant of the municipality and not within the municipality's limits. For the following reasons we find that the answer is no.
Many of Ohio's inhabitants are provided electrical service by public utilities. The Ohio Public Utilities Commission has divided Ohio into territories...
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