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LUCAS CTY. COMMRS. v. PUB. UTIL. COMM.

No. 96-1539.

80 Ohio St.3d 344 (1997)

LUCAS COUNTY COMMISSIONERS, APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 3, 1997.

Attorney(s) appearing for the Case

Julie R. Bates, Lucas County Prosecuting Attorney, Steven J. Papadimos and Andrew K. Ranazzi, Assistant Prosecuting Attorneys, for appellants.

Betty D. Montgomery, Attorney General, Duane W. Luckey and Jodi J. Bair, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Andrew J. Sonderman, Kenneth W. Christman, Stephen B. Seiple and Amy L. Koncelik, for intervening appellee Columbia Gas of Ohio, Inc.

MOYER, C.J.

In reviewing motions to dismiss brought under R.C. 4905.26, the commission has adopted the same standard used by courts in a civil case and deems all of the complainants' factual allegations to be true. In re Toledo Premium Yogurt v. Toledo Edison Co. (Sept. 17, 1992), case No. 91-1528-EL-CSS, cited in Cleveland Elec. Illum. Co. v. Pub. Util. Comm. (1996), 76...

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