Dunnagan v. Ndikom

Judge Walker

dissenting.

I respectfully dissent from the majority opinion holding the Commission erred in granting petitioner’s application. The appellants-intervenors are existing carriers seeking to prevent the petitioner from obtaining common carrier authority to transport Group 18-A household goods throughout the State.

The majority cites to the three requirements an applicant must prove to the satisfaction of the Commission pursuant to N.C. Gen. Stat. § 62-262(e). The only one of the three at issue here is the following:(1) That public convenience and necessity require the proposed service…