DGP Trucking Co. v. Fopa Trucking Co.

OPINION

SCHROEDER, Judge.

This is an appeal from a Superior Court judgment vacating the issuance by the Arizona Corporation Commission of a Certificate of Public Convenience and Necessity to the appellant. The trial court’s judgment was based upon findings and conclusions of law that the Corporation Commission had acted arbitrarily, unreasonably and in excess of its authority by failing to give the appellees, who are other common motor carriers, an opportunity to rectify any inadequacy of service pursuant to A.R.S. § 40-607(C). We hold that the Superior Court’s judgment must be affirmed. We…