La Salle Townhouses Cooperative Ass'n v. Detroit Edison Co.

I reach the same result as the majority because I cannot say that the trial judge abused his discretion in requiring plaintiffs to initially pursue their claims before the Public Service Commission. However, I write separately because I do not agree that Valentine v Michigan Bell Telephone Co, 388 Mich 19; 199 NW2d 182 (1972), has any application here.

*12Although the majority does not specifically mention it, we are proceeding under the doctrine of "primary jurisdiction”, inasmuch as the courts and the Public Service Commission have concurrent jurisdiction over utility rate issues. We do not…