Legal Opinion

City of St. Marys v. Dayton Power & Light Co.

Ohio Court of Appeals

Decided May 4, 1992No. 2-91-12PublishedCited by 7 opinions

1Opinion of the Court

Evans, Judge.

This is an appeal from the judgment of the Common Pleas Court of Auglaize County finding that the city of St. Marys, appellee, had the right under Section 4, Article XVIII of the Ohio Constitution to appropriate a part of an easement owned by Dayton Power & Light Company (“DP & L”), appellant.

In an effort to provide sewer service to the residents of unincorporated areas of Auglaize County, specifically residents of the Grand Lake St. Marys Southeast Sewer District, the Auglaize County Commissioners planned to build a sewage retention basin close to the well fields which provide…

2Cases cited13 opinions

  1. Peterson v. TeodosioOhio Supreme Court · 1973
  2. Hoover v. SumlinOhio Supreme Court · 1984
  3. Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
  4. Solowitch v. BennettOhio Court of Appeals · 1982
  5. Britt v. City of ColumbusOhio Supreme Court · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Radio Parts Co. v. Invacare Corp.Ohio Court of Appeals · 2008
  2. Merrill Lynch Mtge. Lending, Inc. v. 1867 West Market, 23443 (5-9-2007)Ohio Court of Appeals · 2007
  3. Reinhart v. Fostoria Plumbing, Heating & Elec. Supply, Inc.Ohio Court of Appeals · 2010
  4. City of Las Cruces v. El Paso Electric Co.District Court, D. New Mexico · 1995
  5. Cairo Village Council v. MillerOhio Court of Appeals · 1997

2 more not listed; retrieve them via the Exa API.

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