Cleveland Electric Illuminating Co. v. City of Lakewood

Three issues must be determined by this court. First, does the Freedom substation fall within the definition of *376“public utility facility” contained in R. C. 4905.65(A)(2). If the answer is in the affirmative, then, second, does Freedom meet the three tests contained in R. C. 4905.65(B). If it does, then we must determine how much, if any, regulation is permitted the city by the last paragraph of R. C. 4905.65(B).

The appellee, CEI, argues that the first issue should not be considered by this court, as it was not raised by the appellant in the courts below. The appellant contends, with much…