City of Englewood v. Miami Valley Lighting, L.L.C.

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(E), or the city’s home-rule powers. For the following reasons, the trial court’s judgment will be affirmed.

I

{¶ 2} For many years, the city of Englewood has contracted with Miami Valley Lighting, L.L.C. (“MVL”), a wholly-owned subsidiary of DPL, Inc., for MVL to provide “full service”…