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Ohio Supreme Court

Ohio Consumers' Counsel v. Public Utilities Commission

No. 2004-1227·Judge: Connor, Donnell, Lanzinger, Moyer, Pfeifer, Resnick, Stratton·Attorney: Janine L. Migden-Ostrander, Ohio Consumers’ Counsel, Colleen L. Mooney, Larry S. Sauer, and Joseph P. Serio, Assistant Consumers’ Counsel, for appellant., Jim Petro, Attorney General, Duane Luckey, Senior Deputy Attorney General, Anne L. Hammerstein, and Stephen L. Reilly, Assistant Attorneys General, for appellee., Stephen B. Seiple and Stanley J. Sagun, for intervening appellee Columbia Gas of Ohio, Inc., Chester, Willcox & Saxbe, L.L.P., John W. Bentine, and Bobby Singh, for intervening appellees Interstate Gas Supply, Inc. and WPS Energy Services, Inc., Thompson Hiñe, L.L.P. and Thomas E. Lodge, urging affirmance for amicus curiae, Ohio Telecom Association.0 citations·Filed March 23, 2005

Table of Contents

  • Summary of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Key Issues of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Key Facts of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Decision of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Opinions
  • Opinions
  • {¶ 1} The motion to intervene as appellee by Columbia Gas of Ohio, Inc., is g...

Table of Contents

  • Summary of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Key Issues of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Key Facts of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Decision of the case Ohio Consumers' Counsel v. Public Utilities Commission
  • Opinions
  • Opinions
  • {¶ 1} The motion to intervene as appellee by Columbia Gas of Ohio, Inc., is g...

Summary of the case Ohio Consumers' Counsel v. Public Utilities Commission

The court granted Columbia Gas of Ohio, Inc.'s motion to intervene as appellee. The appellant's notice of appeal was stricken due to the absence of a required certificate of filing. Consequently, the court granted the motions to dismiss filed by the Public Utilities Commission and Columbia Gas of Ohio, Inc., resulting in the dismissal of the case.

Key Issues of the case Ohio Consumers' Counsel v. Public Utilities Commission

  • Failure to include certificate of filing
  • Motions to dismiss

Key Facts of the case Ohio Consumers' Counsel v. Public Utilities Commission

  • Appellant filed a notice of appeal on July 29, 2004
  • Notice of appeal lacked the required certificate of filing

Decision of the case Ohio Consumers' Counsel v. Public Utilities Commission

The court dismissed the case.

Opinions

{ 1} The motion to intervene as appellee by Columbia Gas of Ohio, Inc., is granted. { 2} On July 29, 2004, appellant filed a notice of appeal. The notice of appeal did not include the certificate of filing required by S.CtPrac.R. XIV(2)(C)(2). Accordingly, { 3} IT IS ORDERED by the court, sua sponte, that appellant’s notice of appeal be, and hereby is, stricken. { 4} IT IS FURTHER ORDERED by the court that the motions to dismiss of the Public Utilities Commission and Columbia Gas of Ohio, Inc. be, and hereby are, granted. { 5} ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause be, and hereby is, dismissed. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

Resnick and Pfeifer, JJ., concur in part and dissent in part.

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