The Ben Avon case found that property owners are entitled to a judicial review of the facts and the law prior to a determination by a regulatory body of the "fair return on investment". In addition the courts allowed for the value of a "going concern" and "brokerage" which had been disallowed by the Public Service Commission. These findings were made in a case of a private utility. Much confusion to this day on how to regard "public utility" property in which there are private interests.

Brandeis dissented, with Holmes and Clarke concurring in the dissent. On the eve of the "roaring twenties" with the big businesses seizing public utilities and privatizing public resources leading to the collapse this pillage brought upon itself in 1929, the plutocracy could not see any of this coming even with the Dissent pointing it out.