MEMORANDUM - PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION FOR ATTORNEY FEES Attorney: MARTIN, STEPHEN D (0010851)

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                          IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
SUBURBAN NATURAL GAS COMPANY
Plaintiff, Case No. 17-CVH-100585
Judge Everett H. Krueger

ve
COLUMBIA GAS OF OHIO, INC.,

Defendant.

  

Lesh py 12 yyy £190

PLAINTIFF’S MEMORANDUM IN OPPOSITION TO
MOTION FOR ATTORNEY FEES

Columbia is not entitled to attorney fees because neither Suburban nor its counsel have

 

engaged in “frivolous conduct”—as defined by R.C. 2323.51 or otherwise.
The underlying Complaint arose from a 1995 settlement agreement approved by the

Public Utilities Commission of Ohio (PUCO). Suburban’s Complaint alleged that the settlement

created a contractual right to connect to a Columbia pipeline. Columbia challenged the Court’s
subject matter jurisdiction to render a declaratory judgment to this effect. The Court applied the
Allstate test to resolve this jurisdictional issue. Under this test, the PUCO has jurisdiction to
decide a claim where the (1) PUCO's administrative expertise is required to resolve the issue…