Westlake v. Cleveland
Citations
- 2017 Ohio 4064
Syllabus
Water rates contract notice of termination reasonable notice. Court erred by concluding that water service agreement between municipalities expired after a period of 25 years. The water service agreement was a non-exclusive agreement for a minimum period of ten years, with annual renewals that constitute new agreements each year. As annual agreements, they do not violate the terms of the city charter that limit the term of non-exclusive franchises to 25 years. Parties to a water service agreement were required to give reasonable notice of intent to terminate agreement, but a question of fact exists as to what constitutes reasonable notice. Water provider has no contractual right to enact surcharges to recover stranded costs from municipal customers.
Judges: Stewart
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3 cases in this archive cite this case.
Cites
13 cases in this archive are cited by this case.
- Nationwide Mutual Fire Insurance v. Guman Bros. FarmOhio Supreme Court· 1995-08-16· cited 597×
- Graham v. Drydock Coal Co.Ohio Supreme Court· 1996-08-14· cited 331×
- Davis v. Loopco Industries, Inc.Ohio Supreme Court· 1993-04-07· cited 200×
- Corron v. CorronOhio Supreme Court· 1988-12-14· cited 135×
- Mid-American Fire & Casualty Co. v. HeasleyOhio Supreme Court· 2007-04-04· cited 118×
- Lager v. Miller-GonzalezOhio Supreme Court· 2008-10-01· cited 97×
- Clifton Hills Realty Co. v. CincinnatiOhio Court of Appeals· 1938-03-28· cited 36×
- World Harvest Church v. Grange Mut. Cas. Co. (Slip Opinion)Ohio Supreme Court· 2016-05-12· cited 32×
- State ex rel. Kabert v. Shaker Heights City School District Board of EducationOhio Supreme Court· 1997-03-19· cited 25×
- League for Preservation of Civil Rights & Internal Tranquility v. CincinnatiOhio Court of Appeals· 1940-02-19· cited 19×
- 3637 Green Rd. Co., Ltd. v. Specialized Component Sales Co., Inc.Ohio Court of Appeals· 2016-08-11· cited 19×
- United Fuel Gas Co. v. Ironton (City)Ohio Supreme Court· 1923-03-06· cited 7×
- R.S. & V. Co. v. Atlas Van Lines, Inc.Seventh Circuit· 1990-11-06· cited 7×
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