Opinion

State ex rel. Columbia Gas of Ohio, Inc. v. Kiroff

  • 46 Ohio St. 2d 397
  • 75 Ohio Op. 2d 461
  • 348 N.E.2d 705
  • 1976 Ohio LEXIS 653
Court
Ohio Supreme Court
Filed
Jun 16, 1976
Status
Published
On the bench
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Cited by
7 cases
Authority
More cited than 93.4%

The opinion

Per Curiam.

The principal question presented is whether a Court of Common Pleas has jurisdiction to consider the lawfulness of rates being charged by a public utility.

R. C. 4903.12 states “UCo court other than the Supreme Court shall have power to review, suspend or delay any order made by the Public Utilities Commission * *

In State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6 , this court stated in the first paragraph of the syllabus that “ [t]he General Assembly, by the enactment of statutory provisions requiring a public utility to file and adhere to rate schedules, * * * has lodged exclusive jurisdiction in such matters in the Public Utilities Commission, subject to review by the Supreme Court. ’ ’

There being an unauthorized assumption of judicial authority by the respondents, as judges of their respective Common Pleas Courts, for which no adequate remedy at law is shown, a writ of prohibition will issue as requested by relator.

Writ allowed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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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