Does PUCO Have Exclusive Jurisdiction over Dispute Regarding Utility’s Removal of Tree in Easement?
Mary-Martha Corrigan et al. v. The Illuminating Company, Case no. 2008-0708 8th District Court of Appeals (Cuyahoga County) ISSUE: Does a dispute between a homeowner and an electric utility company over the removal of a tree located on the owners’ property but within an easement owned by the electric company qualify as a challenge to the services or practices of a public utility that falls under the exclusive jurisdiction of the Public Utilities Commission of Ohio (PUCO)? BACKGROUND: In this case, the Cleveland Electric Illuminating Company (CEI) informed homeowners Dennis and Mary-Martha Corrigan of Brooklyn that it intended to remove a mature maple tree at the back of the Corrigans’ residential lot. The tree was located on Corrigans’ property but within the boundaries of an easement owned by the utility. Under the terms of the easement, CEI had authority to “cut and remove any trees, shrubs or other obstructions upon the… property which may interfere or threaten to interfere with t
