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VILLAGE OF LUCAS v. LUCAS LOCAL SCHOOL DIST.

No. 82-98.

2 Ohio St. 3d 13 (1982)

VILLAGE OF LUCAS, APPELLEE, v. LUCAS LOCAL SCHOOL DISTRICT ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 8, 1982.

Attorney(s) appearing for the Case

Baran & Baran Co., L.P.A., Mr. Edward C. Baran and Mr. Raymond M. Donadio, Jr., for appellee.

Mr. Donald C. McGee, for appellants Lucas Local School District et al.

Messrs. Thompson, Hine & Flory, Mr. Paul W. Brown, Mr. William R. Case, Mr. Robert P. Mone, Messrs. Thornton & Harwood and Mr. David B. Harwood, for appellant Firelands Electric Cooperative.

Bell & Clevenger Co., L.P.A., and Mr. John W. Bentine, urging affirmance for amicus curiae, Ohio Municipal Electric Association.

CELEBREZZE, C.J.

In 1912 the people of Ohio amended their Constitution to include Section 4, Article XVIII, which states:

"Any municipality may acquire, construct, own, lease and operate within or without its corporate limits, any public utility the product 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...

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