Western Reserve Transit Authority v. Public Utilities Commission

Appellant’s primary contention is that the commission erred in basing its order of dismissal upon a sua sponte evaluation of the record of a prior proceeding, viz., case No. 72-399-B. The commission replies that appellant is improperly seeking to collaterally attack a past, final order, and that appellant’s complaint is, therefore, tantamount to an untimely application for rehearing.

It is the judgment of this court that the commission erred in dismissing appellant’s complaint, but our rationale differs fro-m that suggested by either party.

B. C. 4905.26, on its face, permits “any person, firm,…