Cleveland Electric Illuminating Co. v. City of Painesville

239 N.E.2d 75, 15 Ohio St. 2d 125, 44 Ohio Op. 2d 121, 1968 Ohio LEXIS 385
CourtOhio Supreme Court
DecidedJuly 10, 1968
DocketNo. 41074
StatusPublished
Cited by34 cases

This text of 239 N.E.2d 75 (Cleveland Electric Illuminating Co. v. City of Painesville) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cleveland Electric Illuminating Co. v. City of Painesville, 239 N.E.2d 75, 15 Ohio St. 2d 125, 44 Ohio Op. 2d 121, 1968 Ohio LEXIS 385 (Ohio 1968).

Opinions

Matthias, J.

The primary question raised by this appeal is whether a municipality may refuse to consent to the installation of high voltage electric transmission lines which will pass through but not serve such municipality and whether it can regulate the construction or location of such lines if it does consent.

This court in State, ex rel. Cleveland Electric Illuminating Co., v. Euclid, 169 Ohio St. 476, said in the syllabus:

“1. A municipal corporation may prescribe reasonable regulations for the installing of electric power lines through or into its territorial limits and may withhold its consent for the installation of such power lines until such regulations are complied with. (Sections 715.27, 4933.13 and 4933.16, Eevised Code, construed and applied.)

“2. A municipal ordinance which provides that all electric power lines installed within or through the municipality’s territorial limits and carrying greater voltage than 33 KV (33,000 volts) shall be installed underground is not an unreasonable regulation unrelated to the health, safety and welfare of the inhabitants of the municipality.”

Subsequent to the enunciation of this decision the General Assembly enacted Section 4905.65, Eevised Code, which excludes from the control of local subdivisions intercity high voltage electrical transmission lines of 22 KV (22,000 volts) or more which are constructed in accordance [128]*128with generally accepted safety standards and do not unreasonably affect the welfare of the general public.

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Bluebook (online)
239 N.E.2d 75, 15 Ohio St. 2d 125, 44 Ohio Op. 2d 121, 1968 Ohio LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-electric-illuminating-co-v-city-of-painesville-ohio-1968.