Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN RE PETITION OF CSX TRANSPORTATION, INC., TO CLOSE TO VEHICULAR TRAFFIC THE COUNTY ROAD 205/ULSH ROAD GRADE CROSSING (262-061N), LOCATED IN CLARIDON TOWNSHIP, MARION COUNTY, OHIO

ON MOTIONS TO DISMISS.

{¶ 1} This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Appellee and intervening appellee have filed motions to dismiss the appeal for lack of jurisdiction, asserting that appellant failed to perfect its appeal.

{¶ 2} The motions to dismiss are granted. Accordingly, this cause is dismissed.

MOYER, C.J., and LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.

PFEIFER, J., concurs separately.

PFEIFER, J., concurring.

{¶ 3} I concur in the decision to dismiss the appeal but write separately to emphasize that dual filing requirements should be abolished. A. Schulman, Inc. v. Wilkins, 112 Ohio St.3d 1208, 2006-Ohio-6677, 859 N.E.2d 553, ¶ 6 (Pfeifer, J., dissenting). They serve no useful purpose. Olympic Steel, Inc. v. Cuyahoga Cty. Bd. of Revision, 110 Ohio St.3d 1242, 2006-Ohio-4091, 852 N.E.2d 178 (Pfeifer, J., dissenting). Dual filing requirements are a trap for attorneys operating outside their normal area of practice. Prosecuting attorneys are not normally expert in the procedures associated with public utility law. In this case, that lack of experience led to the prosecuting attorney's failing to deliver a notice of appeal to the Public Utility Commission of Ohio's docketing division and, ultimately, to a dismissal other than on the merits. In other circumstances, I might have cast a dissenting vote, but in this case, the prosecuting attorney had an opportunity to cure the filing defect but did not avail himself of it.

Use AI to get other relevant cases.

Comments

In re CSX Transportation
(Apr 1, 2010)