Montville Bd. of Twp. Trustees v. Wdbn, Inc.
Ohio Court of Appeals
1Opinion of the CourtQuillin, P.J.
R.C. 519.21 exempts public utilities from all township zoning regulations. We are called upon in this case to review the propriety of the trial court’s ruling that WDBN, Inc., a radio broadcasting company, is a public utility so as to come within this exemption. For the reasons stated herein we conclude that that determination is a mixed question of law and fact; the record contains insufficient facts upon which to base a conclusion; and, therefore, summary judgment is inappropriate.
The Board of Township Trustees of Montville Township, appellant herein, filed a complaint in the court of…
2Cases cited11 opinions
- Columbia Broadcasting System, Inc. v. Democratic National CommitteeSupreme Court of the United States · 1973
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
- CBS, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1981
- Industrial Gas Co. v. Public Utilities CommissionOhio Supreme Court · 1939
- Motor Cargo, Inc. v. Board of Township TrusteesSummit County Court of Common Pleas · 1953
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- McGinnis v. Quest Microwave Vii, Inc.Ohio Court of Appeals · 1985
- Swanton Township Board of Trustees v. Toledo-Lucas County Port AuthorityOhio Court of Appeals · 1990
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