Wilkes v. Ohio Edison Co.
Annotate this CaseOhio Edison owned an easement over which an electric transmission line ran. Thomas and Derrell Wilkes owned a portion of the property subject to the easement and built an above-ground swimming pool and storage shed in the area of the easement. When it discovered the structures, Ohio Edison filed a complaint in the court of common pleas to enforce the easement, asking the court to order the Wilkeses to remove their structures. The Wilkeses filed their own complaint a few months later with the public utilities commission, asking the commission to order the company to move its transmission line. The commission dismissed the Wilkeses' complaint for lack of jurisdiction. The Supreme Court affirmed, holding that the Wilkeses did not demonstrate that the commission erred in dismissing their complaint for lack of jurisdiction.
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