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ENGLEWOOD v. MIAMI VALLEY LIGHTING, L.L.C.

No. 22965.

182 Ohio App.3d 58 (2009)

2009-Ohio-1631

CITY OF ENGLEWOOD, Appellant, v. MIAMI VALLEY LIGHTING, L.L.C., d.b.a. DPL Energy, Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided April 3, 2009.

Attorney(s) appearing for the Case

Michael P. McNamee and Gregory B. O'Connor, for appellant.

Jeffrey S. Sharkey and John A. Fischer, for appellee.

WOLFF, Judge.

{¶ 1} The city of Englewood appeals from a judgment of the Montgomery County Court of Common Pleas, which held, after a hearing, that the city lacked the power to appropriate Miami Valley Lighting's street-lighting system, pursuant to Section 4, Article XVIII of the Ohio Constitution, R.C. 719.01(K), or the city's home-rule powers. For the following reasons, the trial court's judgment will be affirmed.

I

{¶...

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