COUNTY COMMISSIONERS' ASSOCIATION v. PUBLIC UTILITIES COMMISSION

No. 79-1461.

63 Ohio St. 2d 243 (1980)

COUNTY COMMISSIONERS' ASSOCIATION OF OHIO ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 23, 1980.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee, Mr. Rankin M. Gibson, Mr. Robert J. Walter and Ms. Sharon V. Fladen, for appellants.

Mr. William J. Brown, attorney general, and Mr. Marvin I. Resnik, for appellee Public Utilities Commission.

Mr. Donald Morrison and Mr. Charles S. Rawlings, for intervening appellee Ohio Bell Telephone.


Per Curiam.

Appellants argue that there is no reasonable basis for distinguishing between schools and counties and, as a consequence, that the decisions and orders of the commission must be found to be unlawful and unreasonable based upon R. C. 4905.33 and 4905.35. Appellants also contend that the differentiation between counties and schools is violative of the Equal Protection and Due Process Clauses of the United States Constitution as well as the substantially...

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