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Ohio court throws out lawsuit about power surcharge

How many laws can affect an Ohio business? The answer is not a number because it is changing all the time. Sometimes, new laws are made to cover a new area of business, and judges are making decisions that can be considered precedents for new ones all the time as well.

An energy company operating nuclear power plants in the Buckeye State recently filed a lawsuit regarding a new law imposing a surcharge on power customers. Opponents of the bill argued that the law, known as H.B. 6, should be put to a voter referendum.

The Ohio Supreme Court threw the case out, offering no opinion. The court's statement said that there was no controversy within their purview to judge.

Part of the argument was whether the surcharge imposed by H.B. 6 is a tax or not. Opponents referred to it as a tax in the hopes the court would agree that a law of that magnitude should be put to the voters.

"H.B. 6 allows the [power plants] to continue providing 90 percent of Ohio's carbon free power, in addition to substantial employment and economic benefits for the state," according to the company that filed the suit.

Litigation for businesses may get complex and involve several levels of courts, especially if appeals are necessary. Time in court can get troublesome and take away from the vital operations of a company.

This is why legal representation for a business is a vital part of a strategy for success. A lawyer can help manage these issues on behalf of companies and their officers.

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