State ex rel. Columbia Gas of Ohio, Inc. v. Kiroff, 76-185
| Decision Date | 16 June 1976 |
| Docket Number | No. 76-185,76-185 |
| Citation | 348 N.E.2d 705,46 Ohio St.2d 397,75 O.O.2d 461 |
| Parties | , 75 O.O.2d 461 The STATE ex rel. COLUMBIA GAS OF OHIO, INC. v. KIROFF, Judge, et al. |
| Court | Ohio Supreme Court |
Relator, a public utility, sought to charge all its natural gas customers increased rates attributable to the higher cost of emergency gas purchases made in the fall of 1975. For authority to charge this additional amount relator refers to certain tariff schedules on file with the Public Utilities Commission of Ohio and to orders of that commission dated April 16, 1974, and April 26, 1974, in case No. 71-757-G, Sub. File B.
On February 13, 1976, respondent Judge Kiroff of the Court of Common Pleas of Lucas County granted a temporary order requested by the city of Toledo to restrain relator, from '* * * charging increased rates attributable to * * * costs of emergency gas purchases and * * * rendering * * * such bills to Toledo customers * * *.'
On February 20, 1976, respondent Judge Gillie of the Court of Common Pleas of Franklin County granted a temporary order requested by the state of Ohio to restrain relator '* * * from proceeding with the rendering of any bills * * * which contain any charges attributable to the increased cost due (to) the emergency gas purchased' by relator.
On February 23, 1976, relator filed this action seeking to prohibit the respondents, Common Pleas Court judges, from conducting further proceedings in the respective cases, and requiring respondents to dissolve the existing temporary restraining orders, and to dismiss the complaints. The court issued an alternative writ of prohibition on March 2, 1976.
Wallace R. Barnes, James L. Fullin, Thomas J. Brown, Jr., Columbus, Hayward, Cooper, Straub, Walinski, Cramer & Co., L. P. A., Toledo, John F. Hayward, T. Scott Johnston, Jones, Day, Reavis & Pogue, Thomas P. Mulligan and Michael G. Marting, Cleveland, for relator.
Harry Friberg, Pros. Atty., John J. Burkhart, Joseph Goldberg and R. Michael Frank, Toledo, for respondent Judge George N. Kiroff.
George C. Smith, Pros. Atty., William B. Shimp and Louis E. Evans, Columbus, for respondent Judge William T. Gillie.
The principal question presented is whether a Court of Common Pleas has jurisdiction to consider the lawfulness of rates being charged by a public utility.
R.C. 4903.12 states '(n)o court other than the supreme court shall have power to review, suspend or delay and order made by the public utilities commission * * *.'
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East Ohio Gas Co. v. City of Akron
...the P.U.C.O., and its orders in the exercise of that power are reviewable only in the Ohio Supreme Court. State ex rel. Columbia Gas v. Kiroff (1976), 46 Ohio St.2d 397, 348 N.E.2d 705; State ex rel. Northern Ohio Telephone Co. v. Winter (1970), 23 Ohio St.2d 6, 260 N.E.2d The Amicus curiae......
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