Arcadia, Ohio v. Ohio Power Co
In Arcadia, Ohio v. Ohio Power Co., U.S. 111 S.Ct. 415, 112 L.Ed.2d 374 (1990), the parties agreed that the case depended on the proper application of section 318 of the Federal Power Act.
The Supreme Court concluded, however, that the challenged orders did not fall within the scope of that section, and it disposed of the case on another basis. Id. at 111 S.Ct. 418.
In Arcadia v. Ohio Power Co., 498 U. S. 73 (1990), the Supreme Court decided the case on an issue that not only was not raised below or in any of the papers in this Court, but that also was not raised at any point during oral argument before the Court.
"In our view, however," the decided question was "antecedent to these [issues presented] and ultimately dispositive of the present dispute." Id., at 77.