STATE, EX REL. CITY OF DAYTON v. KENEALY

No. 36352.

170 Ohio St. 320 (1960)

THE STATE, EX REL. CITY OF DAYTON, v. KENEALY ET AL., PUBLIC UTILITIES COMMISSION OF OHIO, ET AL.

Supreme Court of Ohio.

Decided February 3, 1960.


Attorney(s) appearing for the Case

Mr. Herbert S. Beane, city attorney, and Mr. Robert J. White, for relator.

Mr. Mark McElroy, attorney general, Mr. Herbert T. Maher and Mr. Andrew R. Sarisky,for respondents, members of the Public Utilities Commission.

Mr. Julian de Bruyn Kops, Mr. J. R. Newlin, Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale and Mr. George 1. Meisel, for intervening respondent, The Dayton Power & Light Company.


Per Curiam.

The relator contends that ordinance No. 19093, having been rejected by the company, is null and void and without any effect for any purpose; that, therefore, the commission is without jurisdiction to hear and determine an appeal from any of its provisions; and that relator has no adequate remedy at law on appeal to this court.

This court is not in accord with those contentions. The ordinance...

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