Village of Grafton v. Ohio Edison Co.

Appellants pose three propositions of law, arguing that the Miller Act prevents Grafton from terminating Ohio Edison’s service to Design and Rite Aid without commission approval For the reasons that follow, we hold that the Miller Act does not prevent Grafton from forcing Ohio Edison to abandon the Design and Rite Aid electric lines.

In order to obtain summary judgment, the movant must show that (1) there is no genuine issue of material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one…