Smith & Smith, Inc. v. South Carolina Public Service Commission

Ness, Justice:

This action is to vacate certain orders of the Public Service Commission approving the transfer of four Class “E” Certificates of Public Convenience and Necessity.1 The trial court set aside the transfers and remanded the issue to the Commission for a hearing, 'with notice. We affirm.

In January of 1975, the Commission received applications for the transfer of two Class “E” Certificates from Westbury Trucking Co., Inc. to Willms Trucking Co., Inc. and two Class “E” Certificates from Harvin Truck Lines, Inc. to Westbury. In February of 1975, without notice or a hearing, the…