State ex rel. Cleveland Electric Illuminating Co. v. Cuyahoga County Court of Common Pleas

727 N.E.2d 900, 88 Ohio St. 3d 447
CourtOhio Supreme Court
DecidedMay 17, 2000
DocketNo. 99-1979
StatusPublished
Cited by42 cases

This text of 727 N.E.2d 900 (State ex rel. Cleveland Electric Illuminating Co. v. Cuyahoga County Court of Common Pleas) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Cleveland Electric Illuminating Co. v. Cuyahoga County Court of Common Pleas, 727 N.E.2d 900, 88 Ohio St. 3d 447 (Ohio 2000).

Opinion

Per Curiam.

S.Ct.Prac.R. X(5) provides that “[a]fter the time for filing an answer to the complaint or a motion to dismiss, the Supreme Court will either dismiss the case or issue an alternative or a peremptory writ, if a writ has not already been issued.”

“To obtain a writ of prohibition, a relator must show (1) that the court against whom the writ is sought is exercising or about to exercise judicial power, (2) that the exercise of power is unauthorized by law, and (3) that denying the writ will result in injury for which no other adequate remedy exists in the ordinary course of law. * * * However, where there is a patent and unambiguous lack of subject matter jurisdiction in the court exercising judicial authority, it is not necessary to establish that the relator has no adequate remedy at law in order for a writ to issue.* * * ” (Citations omitted.) State ex rel. Ohio Edison Co. v. Parrott (1995), 73 Ohio St.3d 705, 707, 654 N.E.2d 106, 108.

CEI has met the first requirement for grant of a writ of prohibition: it has shown- that Judge Jones has exercised and continues to exercise jurisdiction over the amended complaint in the underlying legal proceeding before the common pleas court. We now turn to consideration of the second and third requirements for issuance of a writ of prohibition as enumerated in Parrott.

Judge Jones claims that her exercise of jurisdiction over the amended complaint is grounded in R.C. 2305.01, which confers general subject matter jurisdiction to common pleas courts in civil actions. She argues that “[a]bsent a patent [450]*450and unambiguous lack of jurisdiction, a court having general subject-matter jurisdiction can determine its own jurisdiction, and a party challenging the court’s jurisdiction has an adequate remedy by way of appeal.” State ex rel. Lipinski v. Cuyahoga Cty. Court of Common Pleas, Probate Div. (1995), 74 Ohio St.3d 19, 22, 655 N.E.2d 1303, 1306. Based on that proposition of law, Judge Jones determined that the common pleas court has jurisdiction over two of the three counts of the amended complaint. However, Judge Jones ignores the introductory qualifying language of her proffered proposition of law relating to the absence of patent and unambiguous lack of jurisdiction over the amended complaint.

The commission has exclusive jurisdiction over various matters involving public utilities, such as rates and charges, classifications, and service, effectively denying to all Ohio courts (except this court) any jurisdiction over such matters. R.C. 4905.26 specifically establishes the commission’s exclusive jurisdiction over such matters, which “in any respect” are alleged to be “unjust, unreasonable, unjustly discriminatory, unjustly preferential, or in violation of law * * In addition, “[n]o court other than the supreme court shall have power to review, suspend, or delay any order made by the public utilities commission * * *.” R.C. 4903.12.

We have held that when the General Assembly has enacted a comprehensive scheme of public utility rate regulation and has specifically conferred regulatory jurisdiction upon the commission, such jurisdiction is exclusive. As we said in Kazmaier Supermarket, Inc. v. Toledo Edison Co. (1991), 61 Ohio St.3d 147, 150-153, 573 N.E.2d 655, 658-660:

“The General Assembly has by statute pronounced the public policy of the state that the broad and complete control of public utilities shall be within the administrative agency, the Public Utilities Commission. This court has recognized this legislative mandate.

“ ‘There is perhaps no field of business subject to greater statutory and governmental control than that of the public utility. This is particularly true of the rates of a public utility. Such rates are set and regulated by a general statutory plan in which the Public Utilities Commission is vested with the authority to determine rates in the first instance, and in which the authority to review such rates is vested exclusively in the Supreme Court by Section 4903.12, Revised Code * * *.’ Keco Industries, Inc. v. Cincinnati & Suburban Bell Tel. Co. (1957), 166 Ohio St. 254, 256, 2 O.O.2d 85, 86, 141 N.E.2d 465, 467; see, also, Inland Steel Dev. Corp. v. Pub. Util. Comm. (1977), 49 Ohio St.2d 284, 288-289, 3 O.O.3d 435, 437-438, 361 N.E.2d 240, 243-244; Akron v. Pub. Util. Comm. (1948), 149 Ohio St. 347, 359, 37 O.O. 39, 44, 78 N.E.2d 890, 897.

“ ‘ * * * The General Assembly has enacted an entire chapter of the Revised Code dealing with public utilities, requiring, inter alia, adequate service, and

[451]*451providing for permissible rates and review procedure. E.g., R.C. 4905.04, 4905.06, 4905.22, 4905.231 and 4905.381. Further, R.C. 4905.26 provides a detailed procedure for filing service complaints. This comprehensive scheme expresses the intention of the General Assembly that such powers were to be vested solely in the Commission. As this court said in State, ex rel. Ohio Bell Telephone Co., v. Court of Common Pleas (1934), 128 Ohio St. 553 at 557 [1 O.O. 99 at 100-101,192 N.E. 787 at 788-789]:

“ ‘ “The jurisdiction specifically conferred by statute upon the Public Utilities Commission over public utilities of the state, including the regulation of rates and the enforcement of repayment of money collected * * * during the pendency of the proceeding * * * is so complete, comprehensive and adequate as to warrant the conclusion that it is likewise exclusive.” See, also, Ohio Transport, Inc. v. Pub. Util. Comm. (1955), 164 Ohio St. 98, 107 [57 O.O. 108, 113, 128 N.E.2d 22, 28].’ (Emphasis added.)

a * * ❖

“In regard to administrative agency exclusivity, generally, this court has recognized that where the General Assembly has enacted a complete and comprehensive statutory scheme governing review by an administrative agency, exclusive jurisdiction is vested within such agency. State ex rel. Geauga Cty. Budget Comm. v. Geauga Cty. Court of Appeals (1982), 1 Ohio St.3d 110, 113, 1 OBR 143, 146, 438 N.E.2d 428, 431; see, also, State ex rel. Northern Ohio Tel. Co. v. Winter, supra, 23 Ohio St.2d [6] at 9-10, 52 O.O.2d [29] at 31, 260 N.E.2d [827] at 829-830. State, ex rel. Ohio Bell Tel. Co., v. Cuyahoga Cty. Court of Common Pleas (1934), 128 Ohio St. 553, 1 O.O. 99, 192 N.E. 787.”

As we observed in Parrott, 73 Ohio St.3d at 708, 654 N.E.2d at 109:

“Admittedly, however, our jurisdiction over matters involving utilities is not entirely exclusive. Other courts retain limited subject matter jurisdiction over tort and some contract claims involving utilities regulated by the commission. See, e.g., Kazmaier Supermarket, Inc. v. Toledo Edison Co., supra, 61 Ohio St.3d at 154, 573 N.E.2d at 660 (pure common-law tort claims may be brought in common pleas court); Kohli v. Pub. Util. Comm.

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Cite This Page — Counsel Stack

Bluebook (online)
727 N.E.2d 900, 88 Ohio St. 3d 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cleveland-electric-illuminating-co-v-cuyahoga-county-court-ohio-2000.