Arlinghaus Builders, Inc. v. Kentucky Public Service Commission

OPINION

COMBS, Judge.

The appellant, Arlinghaus Builders, Inc. (“Arlinghaus”), seeks review of an order of dismissal of the Franklin Circuit Court. The Appellees are SprintCom, Inc., (“SprintCom”) and the Kentucky Public Service Commission (“PSC”). Arlinghaus appealed to the circuit court from a final order of the PSC granting SprintCom a Certificate of Public Convenience (“CPCN”) and Necessity. The circuit court dismissed the appeal (filed as an original action) on the ground that neither SprintCom nor the PSC had been timely served with summons. We reverse and remand.

On January 7, 1998,…