Duke Energy Ohio, Inc. v. Hamilton

Citations

• 180 N.E.3d 556
• 2021 Ohio 3778

Syllabus

The trial court did not err by granting a judgment to appellees, a city, a township, and the township's board of trustees, following a bench trial on appellant's cause of action alleging violations of Article XVIII, Sections 4 and 6 of the Ohio Constitution where appellant failed to satisfy its burden of proof requiring it to prove, by a preponderance of the evidence, that appellees were acting contrary to the authority granted to a municipality to operate a public utility, including a municipality's authority to sell surplus energy to inhabitants outside of the municipality's territorial limits.