# Columbus & Southern Ohio Electric Co. v. Public Utilities Commission

> Ohio Supreme Court · December 23, 1980 · 64 Ohio St. 2d 175

URL: https://www.frixlaw.com/law-library/cases/6757057

## Case

- **Full name:** Columbus & Southern Ohio Electric Company v. Public Utilities Commission of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** December 23, 1980
- **Citations:** 64 Ohio St. 2d 175; 18 Ohio Op. 3d 389; 413 N.E.2d 1208; 1980 Ohio LEXIS 860
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Dowd, Holmes, Locher, Sweeney
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757057

## Opinion text

Holmes, J.,
dissenting. I must dissent in that I feel that not to reimburse, or at least make certain allowances to this utility company, for all the commission mandated costs associated with the provision of electrical services during the coal strike emergency is not only inequitable, but borders upon being an unconstitutional taking of property and a violation of due process of law.
It is true that R. C. 4905.22 mandates that public utilities furnish necessary and adequate service and facilities, but the utility should in return be compensated in a just and reasonable manner. Here, in my view, the service which the commission ordered was beyond that which would have normally satisfied the utility’s duty under the law. It should be reasonably compensated for such service.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757057. Public record. Not legal advice.