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CLEVELAND ELECTRIC ILLUMINATING CO. v. PAINESVILLE

No. 822.

10 Ohio App. 2d 85 (1967)

THE CLEVELAND ELECTRIC ILLUMINATING CO., APPELLEE, v. CITY OF PAINESVILLE, APPELLANT, ET AL.

Court of Appeals of Ohio, Lake County.

Decided April 26, 1967.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale, Mr. Lee C. Howley, Mr. Donald Hauser and Mr. Charles P. Baker, Jr., for appellee.

Messrs. Dinsmore, Shohl, Barrett, Coates & Deupree, Mr. James W. Farrell, Jr., and Mr. Wayne Milburn, city solicitor, for appellant.

McLAUGHLIN, J.

This appeal on questions of law is from a declaratory judgment of the Common Pleas Court. The action was filed by the Cleveland Electric Illuminating Company (hereinafter referred to as C. E. I.). The defendants are the city of Painesville (hereinafter referred to as Painesville) and the Painesville Planning Commission. The planning commission is not a party to this appeal.

The controlling facts are either stipulated or not disputed.

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