Opinion

Waterville Gas Co. v. Mason

  • 93 Ohio App. 3d 798
  • 639 N.E.2d 1240
  • 1994 Ohio App. LEXIS 1342
Court
Ohio Court of Appeals
Filed
Mar 31, 1994
Status
Published
Author
Abood
On the bench
Handwork, Resnick, Abood
Cited by
2 cases

The opinion

Abood, Presiding Judge,

dissenting.

I, regretfully, disagree with both the analysis and the result set forth by the majority. Upon review of R.C. 4933.12, R.C. 4933.122, Ohio Adm.Code 4901:1-

*809

18-04, and the related case law, I find nothing to support the interpretation that either statute “prohibits] a collection action and judgment in favor of a utility company for the amount of an arrearage accrued by a customer who is eligible for and participating in the PIP plan.” I disagree further that allowing a utility company to obtain a judgment for accumulated arrearages on past due payments while requiring it to continue the utility service to the customer is an “absurd result.” Rather, such a result, in addition to being what is provided for by the clear language of the statutes, would be of some benefit to all consumers while providing a measure of protection to those who are unable to pay from having their utility service terminated. As honorable as it may be, I believe that the analysis and result of the majority, although it should be, is simply not provided for by law.

I would reverse the judgment of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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