Must Dispute Between Property Owner and Utility Be Resolved by Local Court, or Public Utilities Commission?
Direct Appeal from Order of Public Utilities Commission of Ohio
ISSUE: When a dispute between a private property owner and an electric utility involves structures built on the property owner’s land that intrude into an easement owned by the utility and violate a safety setback required by the National Electric Safety Code, and the sole disputed issue is whether the owner’s structures or the utility’s power line should be relocated to resolve the violation, does the dispute fall under the regulatory jurisdiction of the Public Utilities Commission of Ohio (PUCO), or under the jurisdiction of the local courts?