Southern Message Service, Inc. v. Louisiana Public Service Commission

TATE, CALOGERO, and DENNIS, JJ.,

dissenting.

We respectfully dissent.

In our view, the majority has erroneously substituted a judicial re-evaluation of the evidence for the findings made by the Louisiana Public Service Commission within the authority granted to it (not to the courts) by our state constitution to regulate the issuance of common carrier certificates.

The Commission order found that the opponent Southern’s service under its existing certificate had not been adequate to meet the needs of the public. On the basis of this finding, it therefore issued a certificate to the applicant…