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Consumers' Counsel v. Schriber

Supreme Court of Ohio
Jun 17, 2009
122 Ohio St. 3d 1407 (Ohio 2009)

Opinion

No. 2009-0710.

June 17, 2009.

In Prohibition.


MERIT DECISIONS WITHOUT OPINIONS.

On motions to dismiss of Columbus Southern Power Company, Ohio Power Company, and commissioners of the Public Utilities Commission. The complaint does not state a claim justiciable in prohibition. The issues raised by the complaint may be resolved on appeal, and thus relators have an adequate remedy at law. State ex rel. Cleveland Elec. Illuminating Co. v. Pub. Util. Comm. (1962), 173 Ohio St. 450, 452, 20 O.O.2d 74, 183 N.E.2d 782. Motions to dismiss granted. Cause dismissed.

MOYER, C.J., and Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.

PFEIFER, J., dissents and would deny the motions to dismiss and grant an alternative writ.


Summaries of

Consumers' Counsel v. Schriber

Supreme Court of Ohio
Jun 17, 2009
122 Ohio St. 3d 1407 (Ohio 2009)
Case details for

Consumers' Counsel v. Schriber

Case Details

Full title:State ex rel. Consumers' Counsel v. Schriber

Court:Supreme Court of Ohio

Date published: Jun 17, 2009

Citations

122 Ohio St. 3d 1407 (Ohio 2009)
2009 Ohio 2751