Legal Opinion

Fairway Manor, Inc. v. Board of Commissioners

Ohio Supreme Court

Decided April 13, 1988No. 87-952PublishedCited by 23 opinions

1Opinion of the CourtDouglas, J.

A municipally owned public utility is exempt from restriction or regulation by the General Assembly. Section 4, Article XVIII, Ohio Constitution; Swank v. Shiloh (1957), 166 Ohio St. 415, 2 O.O. 2d 401, 143 N.E. 2d 586, paragraph one of the syllabus. The degree of control which the courts will exert over such public utilities is *87strictly limited to protecting residents of the municipality from the imposition of rates which are unreasonable or which discriminate among such residents, taking into account their situation and classification. State, ex rel. Mt. Sinai Hosp., v. Hickey (1940), 137…

2Cases cited4 opinions

  1. Kelly v. Medical Life InsuranceOhio Supreme Court · 1987
  2. State Ex Rel. Indian Hill Acres, Inc. v. KelloggOhio Supreme Court · 1948
  3. State Ex Rel. Mt. Sinai Hospital v. HickeyOhio Supreme Court · 1940
  4. Western Reserve Steel Co. v. Village of Cuyahoga HeightsOhio Supreme Court · 1928

3Cited by23 opinions

  1. Wayne v. Village of SebringCourt of Appeals for the Sixth Circuit · 1994
  2. Ohio University Board of Trustees v. SmithOhio Court of Appeals · 1999
  3. Wayne v. Village Of SebringCourt of Appeals for the Sixth Circuit · 1994
  4. Andres v. City of PerrysburgOhio Court of Appeals · 1988
  5. Butler County Board of Commissioners v. City of HamiltonOhio Court of Appeals · 2001

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API