City of Cincinnati v. Public Utilities Commission

The narrow issue presented by appellees’ motions to dismiss is whether the commission’s July 18, 1991 order, as affirmed by its August 15, 1991 entry on rehearing, is final and appealable. We hold that it is not.

R.C. 4903.13 provides in part:

“A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable.”

R.C. 2505.02 defines a “final order” as:

“An order that affects a substantial right in an action which in effect…