Ohio Power Co. v. Village of Attica

In order to reach the merits of the questions presented in this appeal we must first determine whether the appellant, Ohio Power, has standing to prosecute the action.

R. C. 1702.12(H) provides, in part:

“No lack of, or limitation upon, the authority of a corporation shall be asserted in any action except (1) by the state in an action by it against the corporation, (2) by or on behalf of the corporation against a trustee, an officer, or a member as such, or (3) by a member as such or by or on behalf of the members against the corporation, a trustee, an officer, or a member as such. * * *”

That…