Legal Opinion
Board of County Commissioners v. Village of Marblehead
Ohio Supreme Court
Decided July 7, 1999No. 98-1061PublishedCited by 11 opinions
1Opinion of the CourtCook, J.
Although Article XVIII of the Ohio Constitution grants municipalities the exclusive authority to provide their residents with utility services, a statute that limits the municipality’s power is not unconstitutional if the purpose of the statute is an exercise of the state’s police powers and is not a substantial *45infringement upon the municipality’s authority. Because R.C. 6103.04 satisfies these requirements, it is not unconstitutional.
The Ohio Constitution authorizes a municipality to provide water service to its residents to the exclusion of other providers. See Lucas v. Lucas Local School…
2Cases cited7 opinions
- State ex rel. Jackman v. Court of Common Pleas of Cuyahoga CountyOhio Supreme Court · 1967
- City of Canton v. WhitmanOhio Supreme Court · 1975
- State v. Renalist, Inc.Ohio Supreme Court · 1978
- City of Columbus v. TeaterOhio Supreme Court · 1978
- Village of Lucas v. Lucas Local School DistrictOhio Supreme Court · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Reading v. Public Utilities CommissionOhio Supreme Court · 2006
- Women's Medical Professional Corp. v. TaftDistrict Court, S.D. Ohio · 2000
- In Re GoodmanOhio Court of Appeals · 2005
- Village of Grafton Kng, Ltd. v. Rural Lorain County Water AuthorityCourt of Appeals for the Sixth Circuit · 2005
- City of North Olmsted v. North Olmsted Land Holdings, Ltd.Ohio Court of Appeals · 2000
6 more not listed; retrieve them via the Exa API.