State ex rel. Utilities Commission, Old Dominion Freight Line, Inc. v. Estes Express Lines

BRITT, Judge.

Is the order of the commission approving the transfer of common carrier franchise authority under G.S. 62-111 erroneous as a matter of law and unsupported by competent, material and substantial evidence? We answer in the negative.

The transfer of carrier operating authority is governed by G.S. 62-111 which includes the following applicable provisions:

“(a) No franchise now existing or hereafter issued under the provisions of this Chapter other than a franchise for motor carriers of passengers shall be sold, assigned, pledged or transferred, nor shall control thereof be changed…