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CSENSICH v. PUB. UTIL. COMM.

No. 72-765.

35 Ohio St. 2d 187 (1973)

CSENSICH, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 18, 1973.

Attorney(s) appearing for the Case

Mr. Paul H. Torbet and Mr. Glen B. Morgan, for appellant.

Mr. William J. Brown, attorney general, Mr. Keith F. Henley and Mr. Barth E. Royer, for appellee Public Utilities Commission.

Mr. Lee C. Howley, Mr. Donald II. Hauser, Mr. Victor F. Greenslade, Jr., for appellee Cleveland Electric Illuminating Company.

Per Curiam.

The Public Utilities Commission bases its dismissal upon the ground that:

"* * * The pertinent sections of the Ohio Revised Code, Section 4905.65 and 4933.16, do not grant this commission the authority to regulate the location of electrical transmission facilities, State, ex rel. Kearns, v. Ohio Power Co., 163 Ohio St. 451. Hence the commission, being a creature of statute with no jurisdiction...

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