Ohio Ass'n of Realtors v. Public Utilities Commission

In the dissent in Committee Against MRT v. Pub. Util. Comm. (1977), 52 Ohio St. 2d 231, concurred in by our late Chief Justice C. W. O’Neill and by Justice Herbert, I stated as clearly as I could my reasons for believing that the notice required by R. C. 4909.19 is not and should not be subject to collateral attack.

The decision here is a consequence of what I consider to be the court’s misjudgment in that case. The impact of MRT as pointed out by commission’s counsel in its brief causes continued concern that this appeal is the tip of an iceberg of future appeals based on the current…