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DAYTON COMMUNICATIONS CORP. v. P.U.C.

No. 80-512.

64 Ohio St. 2d 302 (1980)

DAYTON COMMUNICATIONS CORP. ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Mr. Fredric L. Sinder, for appellants.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Donn D. Rosenblum, for appellee.

Mr. Ronald L. Orloff and Mr. Nathaniel Hawthorne, for intervening appellee Ohio Bell Telephone Company.

Per Curiam.

I.

Appellants argue that the interior wire and cable are fixtures and permanent accessions to the freehold. They deny that Ohio Bell, through its tariff,1 has a legitimate claim of ownership of the wire and cable installed by it.

Appellants thus assert a claim of ownership grounded in the common law of property allegedly superior to the claim of Ohio Bell. However, the commission has no authority to adjudicate...

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