State Ex Rel. Roberts v. Public Service Commission

H.R. Roberts and Sons appeals from an order of the First Judicial District Court, Lewis and Clark County, denying the appellant’s petition for declaratory judgment and writ of mandamus. We affirm.

ISSUES

I. Did the District Court err in holding that § 69-12-324(2), MCA, does not provide an exemption for all Class C carriers operating under government contracts?

2. Did the District Court err in not holding that the Montana Procurement Act preempts the Public Service Commission public convenience and necessity hearing requirement for the winner of a competitive bid, state contract?

3. Did the…