Legal Opinion · Dissent

Public Service Commission v. Hahn Transportation, Inc.

Court of Appeals of Maryland

Decided May 27, 1969No. [No. 188, September Term, 1968.]Published

1DissentBarnes, J.

I dissent because, in my opinion, (1) the Public Service Commission does not, and constitutionally cannot, exercise any judicial or so-called “quasi-judicial” powers or functions so that Rule III-A purports to relate to a non-existent function and is void on its face; (2) assuming, arguendo, that the Commission can or does exercise any “quasi-judicial” function, it has been granted no power by the General Assembly to promulgate Rule IIT-A; and (3) Rule III-A is too vague and indefinite on its face to be a valid rule.

0)

As our predecessors stated in Public Service Comm’n v. Philadelphia…

2Cases cited41 opinions

  1. State Insurance Commissioner v. National Bureau of Casualty UnderwritersCourt of Appeals of Maryland · 1967
  2. Hyson v. Montgomery County CouncilCourt of Appeals of Maryland · 1966
  3. Woodlawn Area Citizens Ass'n v. Board of County CommissionersCourt of Appeals of Maryland · 1966
  4. Comptroller of Treasury v. M. E. Rockhill, Inc.Court of Appeals of Maryland · 1954
  5. Dal Maso v. County Commrs.Court of Appeals of Maryland · 1943

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