State ex rel. Utilities Commission v. Associated Petroleum Carriers

The protestants on appeal present the following issue: Is the order of the Utilities Commission in approving the transfer of common carrier franchise authority under the provisions of G.S. 62-111 erroneous as a matter of law and unsupported by competent, material and substantial evidence in view of the entire record? We think not.

The transfer of a carrier operating authority is governed by a comprehensive statutory scheme, which includes the following provisions of G.S. 62-111:

“(a) No franchise now existing or hereafter issued under the provisions of this chapter other than a franchise for…