454 N.E.2d 561 | Ohio Ct. App. | 1982
This action for declaratory judgment was brought on behalf of nine Stow property owners whose properties lie along the north side of Graham Road. The city of Cuyahoga Falls installed a water line along the north side of Graham Road in what was then the village of Stow. Some property owners along the north side of Graham Road were permitted to tap into this water line years ago. The property owners bringing this action were not permitted to tap into the line. The city refused the request to tap in solely on the administrative policy, determined by the mayor, that properties located outside the Cuyahoga Falls city limits could not receive city utility services without first being annexed. The trial court upheld the city's refusal and plaintiffs appeal.
"II. The court erred in holding that, upon compliance with Ordinance 113-81, the residents of Stow do not have the right to receive, upon proper payment therefor, water services without the necessity of annexation to Cuyahoga Falls, Ohio."
Plaintiffs-appellants raise two arguments that they believe entitle them to relief. They first argue that the annexation policy which is raised as a bar to their request for services is an administrative policy of the mayor which impermissibly usurps authority in an area exclusively reserved to city council. Plaintiffs also argue that once a municipality has voluntarily extended services to some individuals outside the city, it must extend services to all similarly situated individuals without discrimination. We shall treat these arguments in reverse order.
When selling surplus water outside the municipal limits, a city may sell in such quantities and under such circumstances as it deems proper. Joslyn v. Akron (1958), 77 Ohio Law Abs. 370. By providing this surplus to those outside the municipality, the city does not become "such a public utility as to be found to serve indiscriminately all who may demand such service * * *."State, ex rel. Indian Hills Acres, Inc., v. Kellogg (1948),
R.C.
"On the written request of any number of citizens living outside the limits of a municipal corporation, the municipal corporation may extend, construct, lay down, and maintain aqueduct and water pipes, and electric light and power lines outside the municipal corporation, and for such purpose may make use of such of the public streets, roads, alleys, and public grounds as are necessary therefor."
While this statute does not indicate what municipal body has the authority to decide to extend services outside the city limits, R.C.
"In the sale and delivery of the surplus product of a municipally owned public utility to others, the council of the municipality has full power to determine the policy to be followed in regard thereto, restricted only by pertinent constitutional and statutory limitations." Indian Hills Acres,Inc., supra, paragraph two of the syllabus.
The Cuyahoga Falls City Council has enacted a series of ordinances relating to utilities (Cuyahoga Falls Ordinance 921 etseq.) and has made specific provision for the extension of service beyond the limits of the municipality. Cuyahoga Falls Ordinances
The judgment is reversed and the cause is remanded for further proceedings in accordance with this opinion.
Costs taxed to appellee.
Judgment reversed and cause remanded.
MAHONEY, P.J., and QUILLIN, J., concur.