BUILDING OWNERS ASS'N v. PSC

Docket No. 73552, 73553. (Calendar No. 6).

424 Mich. 494 (1986)

383 N.W.2d 72

BUILDING OWNERS AND MANAGERS ASSOCIATION OF METROPOLITAN DETROIT v. PUBLIC SERVICE COMMISSION

Supreme Court of Michigan.

Decided March 17, 1986.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Hugh B. Anderson, Assistant Attorney General, for the Attorney General.

Barris, Sott, Denn & Driker (by Sharon M. Woods, David K. McDonnell, and Morley Witus) for the plaintiffs.

Kenneth A. McKanders for Wayne State University.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Don L. Keskey, Assistant Attorney General, for the Public Service Commission.

Christopher C. Nern, A. Robert Pierce, Jr., and John H. Flynn and Fischer, Franklin, Ford, Simon & Hogg (by George Hogg, Jr., Arthur J. LeVasseur, and Sidney M. Berman) for The Detroit Edison Company.


BRICKLEY, J.

This class action comes to us on the issue whether a three-year steam rate increase allotted to the Detroit Edison Company by the Public Service Commission, allegedly without sufficient statutory or constitutional notice, must be refunded to the plaintiff ratepayers even though the rate increase was subsequently upheld as reasonable following full notice and a hearing. We hold that under these circumstances such a remedy is not required.

I

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