Citizens Action Coalition of Indiana, Inc. v. Public Service Co. of Indiana

I dissent from the majority opinion in this case in their basic holding that the appellants may assert grounds on appeal which were not raised before the Public Service Commission.

The Court of Appeals decision in this case, reported at 556 N.E.2d 328 in a well-written opinion authored by Judge Garrard, has pointed out why the availability of appeal under Ind.Code § 8-1-3-1 does not give the appellant carte blanche to present questions to the Court of Appeals which were not presented to the Commission.

Judge Garrard correctly points out that to do so would require the Court of Appeals to hold a…