North Ridge Inv. Corp. v. Columbia Gas of Ohio, Inc.
| Decision Date | 09 May 1973 |
| Citation | 49 Ohio App.2d 74,3 O.O.3d 131,359 N.E.2d 443 |
| Parties | , 3 O.O.3d 131 NORTH RIDGE INVESTMENT CORPORATION, Appellants, v. COLUMBIA GAS OF OHIO, INC., Appellee. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
1. The jurisdiction of the Public Utilities Commission is exclusive and a Court of Common Pleas is without jurisdiction, either in mandamus or injunction, to order a public utility to provide service and facilities upon the application of a prospective user.
2. An action for treble damages, under R.C. 4905.61, which is predicated upon a failure of a public utility to comply with R.C. 4905.22, must be preceded by the successful prosecution of a complaint, under R.C. 4905.26.
West, West & West Co., L.P.A., Elyria, for appellants.
Miraldi, Colella & Barrett, Amherst, R. N. Mahaffey and J. L. Fullin, Columbus, for appellee.
This case is an appeal from a judgment entered in the Court of Common Pleas of Lorain County dismissing, for lack of jurisdiction, the action for a mandatory injunction and damages filed by the plaintiffs, the appellants.
The plaintiffs are all involved in the development of land for residential purposes. The defendant Columbia Gas of Ohio, Inc., the appellee, is a public utility providing fuel gas for consumption in the cities of Elyria and North Ridgeville.
Plaintiffs allege, in their complaint, that: they collectively own approximately 519.48 acres of land in the above named communities, and such real estate is in 'various stages of land development'; they submitted requests to the defendant for natural gas service, and the defendant represented that such service would be available for residential purposes; thereafter, in reliance upon that representation, plaintiffs commenced residential development, and requested that the service be installed; the defendant, in the meantime, imposed a ban and refused to furnish the service.
Plaintiffs, in their first cause of action, pray for a mandatory injunction compelling the defendant to furnish such service. In their second cause of action, they seek treble damages, under R.C. 4905.61, alleging that defendant failed to furnish service as is its duty under R.C. 4905.22.
Defendant filed a motion to dismiss, under Civil Rule 12(B)(1), claiming that the court is without jurisdiction by virtue of R.C. 4905.04 and 4905.05. The trial court sustained the motion and dismissed the case for a lack of jurisdiction over the subject matter.
Plaintiffs, in their assignment of error, claim that the trial court's judgment is contrary to law and against the manifest weight of the evidence.
We agree with the trial court. We find that the legislature lawfully created a Public Utilities Commission and vested it with the...
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