McGinnis v. Quest Microwave Vii, Inc.

In this appeal we must decide whether a determination by the Ohio Public Utilities Commission (“PUCO”) that the appellee, Quest Microwave VII, Inc. (“Quest”), is a public utility for the purposes of regulation under R.C. Chapter 4905, also makes the company a public utility exempt from township zoning regulations pursuant to R.C. 519.21. The trial court ruled that the PUCO determination had such an effect and dismissed the appellant’s complaint for lack of subject matter jurisdiction. We hold that such a determination is not controlling and reverse and remand for further proceedings.

The…