Billings v. Cleveland Railway Co.

Citations

• 92 Ohio St. (N.S.) 478

Syllabus

<p>Municipal corporations — Streets and alleys — Extension of railway routes — Home-rule charter controls, when — Article XVIII, Constitution, igiz — Property owners’ consents — Sections 3777 and 9105, General Code, inapplicable, when.</p> <p>1. The granting of permission and the making of a contract to construct and operate a street railway in the streets of a city or village is a matter that may be provided for.in a charter adopted by the municipality under Article XVIII of the .Constitution.</p> <p>2. Where the terms of a charter adopted in full compliance with Article XVIII of the Constitution empower the council of the city or village to grant permission for the ■ construction,. extension, maintenance or operation of a public utility and provide that no consent of the owner of property abutting on any highway or public ground shall be required therefor, unless such public utility is of such a character that its construction and operation is an additional burden on the rights of such abutting property owners, the provisions of the General Code requiring such consents do not apply.</p>