Hudson v. Summit County

97 Ohio St. 3d 296
CourtOhio Supreme Court
DecidedDecember 11, 2002
DocketNo. 2001-1328
StatusPublished
Cited by3 cases

This text of 97 Ohio St. 3d 296 (Hudson v. Summit County) 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
Hudson v. Summit County, 97 Ohio St. 3d 296 (Ohio 2002).

Opinions

Moyer, C.J.

{¶ 1} From 1977 to 1993, 26 residential subdivisions were built in what was then known as Hudson Township. Pursuant to contracts between appellant and cross-appellee Summit County and the developers of those subdivisions, water lines were constructed at the developers’ expense and then conveyed to Summit [297]*297County. In exchange, the county allowed the developers to connect the water system to the county’s existing water service facilities.

{¶ 2} On January 1, 1994, the village of Hudson and Hudson Township merged to create appellee and cross-appellant, city of Hudson. Five years later, Hudson filed a complaint in the Summit County Common Pleas Court seeking a declaratory judgment and injunctive relief against appellants and cross-appellees, Summit County and the city of Akron. Hudson sought a declaration that the water system located in Hudson had passed by operation of law to Hudson upon its incorporation. Hudson also sought an injunction to restrain Summit County and Akron from interfering with Hudson in governing, managing, and controlling the water system.

{¶ 3} Summit County subsequently issued a request for proposals for the purchase of all of its water service facilities, including the water system at issue in this case. Akron expressed an interest in purchasing the facilities, and Hudson moved for a temporary restraining order and a preliminary injunction to prevent the sale of the Hudson water system.

{¶ 4} The trial court determined that the water system had not passed to Hudson by operation of law. The court further determined that Summit County owned the water system and that Hudson was not entitled to an order prohibiting Summit County from selling the system. Accordingly, the trial court denied Hudson’s complaint for a declaratory judgment and injunctive relief.

{¶ 5} The court of appeals unanimously affirmed the trial court’s finding that the water system had not passed to Hudson and that Summit County continued to hold the water system in trust for the public good. However, in a split decision, the court reversed the trial court and held that R.C. 6103.22 prohibits Summit County from transferring the water system to any municipal corporation other than Hudson.

{¶ 6} The cause is now before this court upon the allowance of a discretionary appeal and cross-appeal.

{¶ 7} Summit County and Akron argue that R.C. Chapter 6103 does not require the county to sell the water system only to Hudson. Hudson, in its cross-appeal, argues that upon incorporation of the township in which the water system was located, the water system passed by operation of law to Hudson. Both the appeal and cross-appeal present issues of first impression. We dispose of the cross-appeal first.

{¶ 8} The Ohio Constitution grants to a municipality the power to provide water services to its residents. Ottawa Cty. Bd. of Commrs. v. Marblehead (1999), 86 Ohio St.3d 43, 45, 711 N.E.2d 663. Pursuant to Section 4, Article XVIII of the Ohio Constitution:

[298]*298{¶ 9} “Any municipality may acquire, construct, own, lease and operate within or without its corporate limits, any public utility the products or service of which is or is to be supplied to the municipality or its inhabitants, and may contract with others for any such product or service. The acquisition of any such public utility may be by condemnation or otherwise, and a municipality may acquire thereby the use of, or full title to, the property and franchise of any company or person supplying to the municipality or its inhabitants the service or product of any such utility.” (Emphasis added.)

{¶ 10} This provision was “primarily intended to confer the power of eminent domain on municipalities for the purpose of acquiring existing public utilities.” Blue Ash v. Cincinnati (1962), 173 Ohio St. 345, 352, 19 )O.O.2d 274, 182 N.E.2d 557. However, we have held that a municipality may exercise eminent domain over a public water system owned by another political subdivision only so long as the taking will not result in the destruction of an existing public use. Northwood v. Wood Cty. Regional Water & Sewer Dist. (1999), 86 Ohio St.3d 92, 95, 711 N.E.2d 1003.

{¶ 11} R.C. 6103.22 governs water system contracts between counties and municipal corporations. The version of R.C. 6103.22 in effect at the time of Hudson’s incorporation on January 1, 1994, is the version pertinent to this issue. It provided:

{¶ 12} “Any completed water supply or water-works system * * * located within any municipal corporation or within any area which may be incorporated as a municipal corporation or annexed to an existing municipal corporation, or which provides water for such area, may by mutual agreement between the board of county commissioners and such municipal corporation be conveyed to such municipal corporation, which shall thereafter maintain and operate such water supply and water-works.” (Emphasis added.) 134 Ohio Laws, Part I, 695, 757-758.

{¶ 13} Summit County maintained and operated the water system prior to Hudson’s incorporation and continues to do so. Hudson did not object to Summit County’s ownership and maintenance until in 1999, five years after Hudson’s incorporation, when Hudson commenced this litigation, arguing that it automatically acquired the water system upon incorporation.

{¶ 14} The court of appeals held that neither the Ohio Constitution nor Revised Code provides that upon incorporation a municipality acquires, by operation of law, existing water systems located within the boundaries of the municipality. The court concluded that Hudson could acquire the water system either by eminent domain or by reaching an agreement with Summit to convey the water system to Hudson pursuant to R.C. 6103.22.

[299]*299{¶ 15} We agree. Section 4, Article XVIII of the Ohio Constitution states only that a municipality “may acquire, construct, own, lease and operate within or without its corporate limits” any public utility. (Emphasis added.) Similarly, R.C. 6103.22 provided that a water system within a municipal corporation “may * * * be conveyed to such municipal corporation.” (Emphasis added.) Neither of these makes transfer automatic. Therefore, we affirm that portion of the court of appeals’ decision holding that Summit still owns the water system.

{¶ 16} Having disposed of the cross-appeal, we consider Summit’s and Akron’s appeals, which present the issue whether a county that owns a water system located within one municipality may sell it to any other municipality. Summit argues that Section 4, Article XVIII of the Ohio Constitution, and R.C. 6103.21, 6103.22, and 6103.31 empower Summit to sell its water system to “any municipality or county that it, in its discretion, deems appropriate to serve the best interest of the County as a whole.”

{¶ 17} The version of R.C. 6103.21 in effect at the time this lawsuit was filed provided:

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Related

Hudson v. Summit Cty.
2002 Ohio 6507 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
97 Ohio St. 3d 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-summit-county-ohio-2002.