City of Columbus v. Ohio Power Siting Commission

The issue in this canse arises from a confrontation of the legislature’s inherent constitutional authority to exercise the police power and the city of Columbus’ constitutional right to construct, own and operate a public utility.

The relevant constitutional provision, Section 4 of Article XVIII of the Ohio Constitution, states, in part:

“Any municipality may acquire, construct, own, lease and operate within or without its corporate limits, any public utility the product or service of which is or is to be supplied to the municipality or its inhabitants, and may contract with others for any such…