STATE EX REL. DUKE ENERGY OHIO, INC. v. HAMILTON CTY. COURT OF COMMON PLEAS

No. 2010-0416.

126 Ohio St.3d 41 (2010)

2010-Ohio-2450

[THE STATE EX REL.] DUKE ENERGY OHIO, INC. v. HAMILTON COUNTY COURT OF COMMON PLEAS ET AL.

Supreme Court of Ohio.

Decided June 8, 2010.


Attorney(s) appearing for the Case

Eberly McMahon, L.L.C., and Robert A. McMahon, for relator.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J. Schaefer and Charles W. Anness, Assistant Prosecuting Attorneys, for respondents.

William Flax, urging denial of the writ for amicus curiae, Proposals, L.L.C.


Per Curiam.

{¶ 1} This is an original action for a writ of prohibition to prevent a common pleas court and one of its judges from proceeding in a civil case arising from a public utility's charge for and threatened termination of service to a residential customer. Because the court and judge patently and unambiguously lack jurisdiction to proceed in the pending civil case because the Public Utilities Commission of Ohio has exclusive...

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