Marano v. Gibbs

Two main issues are presented for our review. First, we must determine whether the court of appeals below was correct in reversing the trial court and holding that the lessees-users of the radio towers are public utilities. Second, we must consider whether former R.C. 519.21 exempts such land and structures from township zoning.

With respect to the first issue presented, all parties agree that the determination of entities as public utilities is a mixed question of law and fact. The definitions of a “public utility” set forth in R.C. 4905.02, 4905.03 and 5727.01 are not exclusive since those…