Legal Opinion

State ex rel. Columbus Southern Power Co. v. Fais

Ohio Supreme Court

Decided March 5, 2008No. 2007-1382PublishedCited by 6 opinions

1Per curiam

{¶ 1} This is an original action for a writ of prohibition to prevent a common pleas court judge from proceeding in a declaratory-judgment case involving a public utility’s liability for the cost of relocating overhead electrical lines underground when the relocation has been ordered by a municipality. We conclude that in this case, the issue of liability for these costs has been addressed and resolved by the Public Utilities Commission in a tariff, over which the commission has exclusive original jurisdiction. We therefore grant the writ.

Commission-Approved Tariff

{¶ 2} Relator, Columbus…

2Cases cited21 opinions

  1. Hubbell v. City of XeniaOhio Supreme Court · 2007
  2. State ex rel. Russell v. ThorntonOhio Supreme Court · 2006
  3. State ex rel. Steele v. MorrisseyOhio Supreme Court · 2004
  4. State ex rel. Mayer v. HensonOhio Supreme Court · 2002
  5. State ex rel. Mayer v. HensonOhio Supreme Court · 2002

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3Cited by6 opinions

  1. State ex rel. Sapp v. Franklin County Court of AppealsOhio Supreme Court · 2008
  2. In re Complaint of ReynoldsburgOhio Supreme Court · 2012
  3. State ex rel. Cordray v. Court of ClaimsOhio Court of Appeals · 2010
  4. Kallet v. WilgusOhio Court of Appeals · 2021
  5. In Re State Ex Rel. Kinsler, 22623 (7-1-2008)Ohio Court of Appeals · 2008

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