EAST OHIO GAS CO. v. LIMBACH

No. 85-1706.

26 Ohio St. 3d 63 (1986)

EAST OHIO GAS COMPANY, APPELLANT, v. LIMBACH, TAX COMMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 20, 1986.


Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Maynard F. Thomson, John C. Duffy, Jr., Charles M. Kennedy, John W. Zeiger, Crabbe, Brown, Jones, Potts & Schmidt, Wilbur W. Jones, William J. Brown and Donald Zito, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Richard C. Farrin and David E. Northrop, for appellees.

Thomas E. Morgan, Roger C. Post and James R. Berendsen, urging reversal for amicus curiae, Columbia Gas of Ohio, Inc.


Per Curiam.

Appellant East Ohio Gas first challenges the constitutionality of Section 29 of Am. Sub. H.B. No. 100, which suspended the application of R.C. 4909.161 as to the increased tax levy imposed by the bill. Appellant asserts that in calculating its expenses as part of the ratemaking process, it reasonably relied to its detriment on the assurance contained in R.C. 4909.161 that it could recover any increased tax liability. Appellant contends that pursuant...

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