Board of County Commissioners v. City of Columbus

The main question to be decided on this appeal is whether the city, acting pursuant to its Article XVIII “utility” powers, may construct the proposed sewer lines here at issue without first complying with the limitations contained in R.C. 6117.01.

The provisions of the Ohio Constitution primarily concerned in this cause are:

Section 4 of Article XVIII:

“Any municipality may acquire, construct, own, lease and operate *180within or without its corporate limits, any public utility the product or service of which is or is to be supplied to the municipality or its inhabitants, and may contract with…