Buchanan v. Public Utilities Commission

There is no statute giving an applicant before the Public Utilities Commission a right to withdraw or dismiss his application. Although there is a statute authorizing dismissal of a Common Pleas Court action without prejudice, that statute permits such dismissal only “before final submission” of the action to the trier of the facts. Section 2323.05(A), Revised Code; Jacob Laub Baking Co. v. Middleton (1928), 118 Ohio St. 106.

The 60-day order of January 19 was a final appealable order. D. G. & U. Truck Lines, Inc., v. Public Utilities Commission (1953), 158 Ohio St. 564.

Appellant offered no…