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VILLAGE OF GRAFTON v. OHIO EDISON CO.

No. 95-572.

77 Ohio St.3d 102 (1996)

VILLAGE OF GRAFTON, APPELLEE, v. OHIO EDISON COMPANY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 13, 1996.

Attorney(s) appearing for the Case

Richard G. Lillie & Assoc. and Richard G. Lillie, for appellee.

Jones, Day, Reavis & Pogue and David A. Kutik; Cook & Batista Co., L.P.A., and Daniel P. Batista, for appellants.

Chester, Willcox, & Saxbe, John W. Bentine and Jeffrey L. Small, urging affirmance for amicus curiae American Municipal Power—Ohio.

Robert S. Tongren, Consumers' Counsel, and Barry Cohen, Assistant Consumers' Counsel, urging reversal for amicus curiae Office of Consumers' Counsel.

Porter, Wright, Morris & Arthur, Samuel H. Porter, Alan D. Wright, Kathleen M. Trafford, Daniel R. Conway and Alaine Y. Miller, urging reversal for amicus curiae Ohio Electric Utility Institute.

Betty D. Montgomery, Attorney General, Duane W. Luckey and Ann E. Henkener, Assistant Attorneys General, urging reversal for amicus curiae Public Utilities Commission of Ohio.

Per Curiam.

Appellants pose three propositions of law, arguing that the Miller Act prevents Grafton from terminating Ohio Edison's service to Design and Rite Aid without commission approval For the reasons that follow, we hold that the Miller Act does not prevent Grafton from forcing Ohio Edison to abandon the Design and Rite Aid electric lines.

In order to obtain summary judgment, the movant must show that (1) there is no genuine issue of material...

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