CONSUMERS’ COUNSEL v. SCHRIBER, 122 Ohio St.3d 1407 (2009)

2009-Ohio-2751

State ex rel. Consumers’ Counsel v. Schriber.

No. 2009-0710.Supreme Court of Ohio.
June 17, 2009.

In Prohibition.

MERIT DECISIONS WITHOUT OPINIONS.
On motions to dismiss of Columbus Southern Power Company, Ohio Power Company, and commissioners of the Public Utilities Commission. The complaint does not state a claim justiciable in prohibition. The issues raised by the complaint may be resolved on appeal, and thus relators have an adequate remedy at law State ex rel. Cleveland Elec. Illuminating Co. v. Pub. Util. Comm. (1962), 173 Ohio St. 450, 452, 20 O.O.2d 74, 183 N.E.2d 782. Motions to dismiss granted. Cause dismissed.

MOYER, C.J., and Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

PFEIFER, J., dissents and would deny the motions to dismiss and grant an alternative writ.