Legal Opinion

Cincinnati Gas & Electric Co. v. Joseph Chevrolet Co.

Ohio Court of Appeals

Decided March 21, 2003No. C-020317PublishedCited by 12 opinions

1Opinion of the CourtMark P. Painter, J.

{¶ 1} A public utility backbilled its customer for unmetered gas consumption over a 23-month period. The need to backbill was caused by the public utility’s mistakes. We are asked to decide whether the public utility met its burden of proof as to the amount of the bill, whether the public utility’s customer could assert the equitable-defenses of laches and estoppel to preclude its obligation to pay for the unmetered services it received, and whether these issues fell under the trial court’s subject-matter jurisdiction. We conclude that the public utility demonstrated the amount of unmetered…

2Cases cited30 opinions

  1. C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court · 1978
  2. Murphy v. Carrollton Manufacturing Co.Ohio Supreme Court · 1991
  3. Texler v. D.O. Summers Cleaners & Shirt Laundry Co.Ohio Supreme Court · 1998
  4. Matthews v. MatthewsOhio Court of Appeals · 1981
  5. C. Miller Chevrolet, Inc. v. City of Willoughby HillsOhio Supreme Court · 1974

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3Cited by12 opinions

  1. State v. GainesOhio Court of Appeals · 2011
  2. Shepherd v. City of CincinnatiOhio Court of Appeals · 2006
  3. Kreller Group, Inc. v. WFS Financial, Inc.Ohio Court of Appeals · 2003
  4. McCarthy v. Sterling Chems., Inc.Ohio Court of Appeals · 2012
  5. Cincinnati v. StateOhio Court of Appeals · 2024

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