SENIOR CITIZENS COALITION v. PUB. UTIL. COMM.

Nos. 88-612, 88-647, 88-648, 88-651, 88-657, 88-737 and 88-738.

40 Ohio St. 3d 329 (1988)

SENIOR CITIZENS COALITION ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. TOLEDO EDISON COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. CITY OF CLEVELAND, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (TWO CASES.)

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Joseph P. Meissner, for appellants, Senior Citizens Coalition, Greater Cleveland Welfare Rights Organization, Inc., Low Income People Together, and Western Reserve Alliance, in case No. 88-612.

Squire, Sanders & Dempsey, Alan P. Buchmann, Charles R. McElwee II, Alan D. Wright, Victor F. Greenslade, Carl E. Chancellor and Craig I. Smith, for appellant, Cleveland Electric Illuminating Co., in case No. 88-647.

Fred J. Lange, Jr., Alan D. Wright and Victor F. Greenslade, for appellant, Toledo Edison Co., in case No. 88-648.

Marilyn G. Zack, director of law, William M. Ondrey Gruber and Craig A. Glazer, for appellant, city of Cleveland, in case No. 88-651.

John T. Corrigan, prosecuting attorney, Patrick J. Murphy and Timothy J. Kollin, for appellant, Board of County Commissioners of Cuyahoga County, in case No. 88-657.

William A. Spratley, consumers' counsel, G. James Van Heyde and Evelyn R. Robinson, for appellant, Office of Consumers' Counsel, in case No. 88-737.

Squire, Sanders & Dempsey, Alan P. Buchmann, Charles R. McElwee II, Alan D. Wright, Victor F. Greenslade, Craig I. Smith and Carl E. Chancellor, for intervening appellee, Cleveland Electric Illuminating Co., in case Nos. 88-612, 88-651, 88-657 and 88-737.

William A. Spratley, consumers' counsel, Dwight D. Nodes and G. James Van Heyde, for appellant, Office of Consumers' Counsel, in case No. 88-738.

Fred J. Lange, Jr., Alan D. Wright and Victor F. Greenslade, for intervening appellee, Toledo Edison Co., in case No. 88-738.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren, David C. Champion and James B. Gainer, for appellee, Public Utilities Commission of Ohio.


Per Curiam.

OCC's prior appeals differ from the present cases because in the prior appeals OCC had filed notices of appeal to this court before disposition of its own applications for rehearing before the commission. Here, appellants have filed notices of appeal with this court before final disposition of another's application for rehearing. Nevertheless, for the reasons that follow, we grant the motions to dismiss.

Under the Ohio Constitution,

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