City of Dublin v. State

Daniel T. Hogan, Judge.

Introduction

{¶ 1} Plaintiffs, the cities of Upper Arlington and Dublin, seek a declaration that R.C. Chapter 4939 (“Chapter 4939”) is unconstitutional. It was enacted as a rider on an 855-page biennial appropriations bill. Chapter 4939 defines “public ways” so as to include any “public street, road, highway, public easement, or public waterway,” including “the entire width of any right of way associated with the public way.” Chapter 4939 then limits the extent to which any political subdivision can control the use of its own public ways by “utility service providers”…