State ex rel. City of Hamilton v. Public Utilities Commission
Ohio Supreme Court
State ex rel. City of Hamilton v. Public Utilities Commission, 10 Ohio St. 2d 172 (Ohio 1967)
226 N.E.2d 113; 39 Ohio Op. 2d 168; 1967 Ohio LEXIS 386
Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman
State ex rel. City of Hamilton v. Public Utilities Commission
Opinion of the Court
The questions raised by respondent in this action were determined in the foregoing injunction case in Butler County. Relator was a party to that action and respondent, although not a party, upon appeal appeared as amicus curiae in the Supreme Court. Furthermore, the real party interested in sustaining respondent’s position in this case is Cincinnati Gas & Electric Company, which was a party in the Butler County case. Under such circumstances, the issue is res judicata.
The demurrer is overruled, and the writ of prohibition is allowed.
Writ allowed.
Reference
- Full Case Name
- The State, ex rel. City of Hamilton v. Public Utilities Commission of Ohio
- Cited By
- 2 cases
- Status
- Published