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STATE, EX REL. KLAPP v. DAYTON P. & L. CO.,

No. 40544.

10 Ohio St. 2d 14 (1967)

THE STATE, EX REL. KLAPP, PROS. ATTY., APPELLANT, v. THE DAYTON POWER & LIGHT CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 29, 1967.

Attorney(s) appearing for the Case

Mr. Richard K. Wilson, director of law, Mr. Haveth E. Mau and Mr. Robert Houston French, for appellant.

Messrs. Shipman, Utrecht & Dixon, Mr. James C. Utrecht, Mr. Julian de Bruyn Kops and Mr. J. R. Newlin, for appellees.

ZIMMERMAN, J.

The determinative question for decision is whether the city of Piqua has the right to terminate the use of its streets, alleys, etc., by The Dayton Power & Light Company in furnishing electric energy to persons, firms and corporations located within the corporate limits of the municipality without submitting the matter to the Public Utilities Commission in compliance with the provisions of Sections 502-2 and 504-3, General Code, commonly known as...

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