Legal Opinion · Concurring in part, dissenting in part

In re the Motor Carrier Applications of Janco, Inc.

South Dakota Supreme Court

Decided November 4, 1992No. Nos. 17726, 17731Published

1Concurring in part, dissenting in partAmundson, Justice

The trial court in Finding of Fact 18 adopted and incorporated the findings of the Administrative Law Judge (ALJ) assigned to hearing the matter by the PUC. These findings specifically state that Janeo had carried its burden in showing public convenience and necessity for serving entities owned by Janeo shareholders and their related companies. The trial court did not address this portion of the ALJ decision. The decision of the PUC did not differentiate between granting the permits for service to the general public and granting permits for service to these other entities. I would therefore…

2Cases cited2 opinions

  1. Rude Transportation Co. v. South Dakota Public Utilities CommissionSouth Dakota Supreme Court · 1988
  2. Conrad v. City of Rapid CitySouth Dakota Supreme Court · 1986

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