Summary

Portrait of James Clark McReynolds James Clark McReynolds Ohio Valley Water Company v. Ben Avon Borough…

Whether the appeal to the Superior Court fails, for the reason assigned or for some other reason, to satisfy the constitutional requirements of a judicial review, we need not determine, because the statute left open to the company, besides this limited review, the right to resort in the state courts, as well as in the federal court, to another and unrestricted remedy, the one commonly pursued when challenging the validity of a legislative order of this nature, namely, a suit in equity to enjoin its enforcement.
Source: Wikisource

Portrait of James Clark McReynolds James Clark McReynolds Ohio Valley Water Company v. Ben Avon Borough…

It is true, however, that an additional or alternative remedy may deny the constitutional right to due process of law because of its nature or the course of the proceeding. See Iowa Central Railroad Co. v. Iowa, 160 U.S. 389, 16 Sup. Ct. 344, 40 L. Ed. 467. And it is the contention of the plaintiff that because the Supreme Court did not weigh the evidence, but reinstated the order of the commission on account of there being substantial evidence to support it, the procedure was not a judicial review and denied it due process of law.
Source: Wikisource

Portrait of James Clark McReynolds James Clark McReynolds Ohio Valley Water Company v. Ben Avon Borough…

As the company had the opportunity for a full judicial review through a suit in equity for an injunction, as it was not denied due process by disregard in the proceedings actually taken of the essentials of judicial process, and since it is clear that the findings of the commission were supported by substantial evidence, the judgment of the Supreme Court of Pennsylvania must be affirmed, unless, as contended, the claim of confiscation compels this court to decide, upon the weight of the evidence, whether or not its property has been undervalued, or unless some error in law is shown.
Source: Wikisource

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