Associated Truck Lines, Inc. v. Public Service Commission

Michigan Supreme Court

Associated Truck Lines, Inc. v. Public Service Commission

140 N.W.2d 515, 377 Mich. 259, 1966 Mich. LEXIS 103

CourtMichigan Supreme Court

DecidedMarch 8, 1966

DocketCalendar 46, Docket 50,670

StatusPublished

Cited by55 cases

This text of 140 N.W.2d 515 (Associated Truck Lines, Inc. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Associated Truck Lines, Inc. v. Public Service Commission, 140 N.W.2d 515, 377 Mich. 259, 1966 Mich. LEXIS 103 (Mich. 1966).

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Opinions

Smith, J.

(concurring in reversal for remand and redetermination). Although I agree with Justice O’Hara that the case of George F. Alger Company v. Public Service Commission (1954), 339 Mich 104, was decided upon an erroneous principle and, therefore, should be overruled for the reasons which [293]*293lie gives, nevertheless, the limited use to which Justice Souris puts the Alger Case is also correct, that is, for the definition of what constitutes a “discontinuance” and what constitutes “abandonment.”

However, I am moved to concur in the disposition of Justice Souris because, although I have no doubt that the public service commission is fully aware of the distinction between these two terms, the commission order is unclear in making this distinction. Opinions and orders of administrative agencies ought to reflect clearly the application of the expertise which such bodies undoubtedly possess. For a somewhat similar problem of confused drafting, see Chrysler Corporation v. Losada, 376 Mich 209.

Dethmers, J., did not sit.

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Smith, J.

(concurring in reversal for remand and redetermination). Although I agree with Justice O’Hara that the case of George F. Alger Company v. Public Service Commission (1954), 339 Mich 104, was decided upon an erroneous principle and, therefore, should be overruled for the reasons which [293]*293lie gives, nevertheless, the limited use to which Justice Souris puts the Alger Case is also correct, that is, for the definition of what constitutes a “discontinuance” and what constitutes “abandonment.”

However, I am moved to concur in the disposition of Justice Souris because, although I have no doubt that the public service commission is fully aware of the distinction between these two terms, the commission order is unclear in making this distinction. Opinions and orders of administrative agencies ought to reflect clearly the application of the expertise which such bodies undoubtedly possess. For a somewhat similar problem of confused drafting, see Chrysler Corporation v. Losada, 376 Mich 209.

Dethmers, J., did not sit.

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Bluebook (online)

140 N.W.2d 515, 377 Mich. 259, 1966 Mich. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-truck-lines-inc-v-public-service-commission-mich-1966.

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