READING v. PUB. UTIL. COMM.

No. 2005-0245.

109 Ohio St.3d 193 (2006)

2006-Ohio-2181

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

Supreme Court of Ohio.

Decided May 17, 2006.


Attorney(s) appearing for the Case

Chester, Willcox and Saxbe, L.L.P., Todd M. Rodgers, John W. Bentine, Sarah Daggett Morrison, and Stephen C. Fitch, for appellant.

Jim Petro, Attorney General, and Duane W. Luckey, William L. Wright, and Steve L. Beeler, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Porter, Wright, Morris & Arthur, L.L.P., Carl A. Aveni II, R. Leland Evans, and Anne M. Hughes, for intervening appellee, Indiana & Ohio Railroad, Inc.

Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron; John Gotherman, urging reversal for amicus curiae Ohio Municipal Leage.

Gallagher, Sharp, Fulton & Norman and Joseph J. Santoro, urging affirmance for amicus curiae Ohio Railroad Association.


MOYER, C.J.

Background

{¶ 1} This is an appeal as of right by appellant, the city of Reading, from an order of the Public Utilities Commission of Ohio in In the Matter of the Petition of Indiana & Ohio Railroad, Inc. to Close to Vehicular Traffic the Vorhees Street Crossing in the City of Reading, Hamilton County, Ohio, case No. 02-589-RR-UNC, 2003 WL 23415030 (Oct. 13, 2004). The Indiana & Ohio Railroad, Inc...

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