Capital City Cab Service Inc. v. Susquehanna Area Regional Airport Authority

70 Pa. D. & C.4th 501, 2004 Pa. Dist. & Cnty. Dec. LEXIS 280
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedNovember 8, 2004
Docketno. 34 EQ 2004
StatusPublished
Cited by1 cases

This text of 70 Pa. D. & C.4th 501 (Capital City Cab Service Inc. v. Susquehanna Area Regional Airport Authority) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital City Cab Service Inc. v. Susquehanna Area Regional Airport Authority, 70 Pa. D. & C.4th 501, 2004 Pa. Dist. & Cnty. Dec. LEXIS 280 (Pa. Super. Ct. 2004).

Opinion

CLARK JR., J,

INTRODUCTION

This equity action came before this court when a “petition for a preliminary injunction” and a “declaratory judgment complaint and petition for preliminary and permanent injunctions,” were filed by the plaintiff, Capital City Cab Service Inc., against the defendant, Susquehanna Area Regional Airport Authority (SARAA). As a result of that petition, a pre-hearing conference was held on June 9, 2004 with this court, which conference included representatives of both parties and their respective legal counsels, together with a representative from the chief counsel’s office of the Pennsylvania Public [503]*503Utility Commission (PUC). A hearing was subsequently held before this court on June 10, 2004. Shortly after that hearing (on June 10, 2004), we issued an interim decree (on June 14, 2004) that was to remain in effect pending the further resolution of the underlying issue(s) which we determined were within the primary jurisdiction of the PUC. SARAA took exception to portions of our interim decree and filed an appeal in the Commonwealth Court. This writing is being undertaken to provide the Commonwealth Court with the basis, scope and intent of our limited relief in the form of the interim decree.

HISTORICAL BACKGROUND

As early as 1898, a portion of the premises now known as Harrisburg International Airport (HIA) was being utilized by the Signal Corps of the United States Army for governmental purposes. After the invention of the airplane, those same premises came to be known as Middletown Field. In or about 1918, the first military airplanes were reported to have landed at Middletown Field. At some point thereafter, the premises were renamed as the Olmsted Air Force Base. At the height of its operations as an Air Force Base, Olmsted grew to quite an expansive installation which had 11,400 civilian employees. In 1969, Olmsted Air Force Base was decommissioned, but retained some military operational functions, primarily associated with the Pennsylvania Air National Guard, which functions continue to this day.

Upon decommissioning, the premises were converted into a civilian airport facility, renamed HIA, and were primarily the property and responsibility of the Com[504]*504monwealth of Pennsylvania, Department of Transportation. In 1998, PennDOT ceded ownership of HIA to a newly formed municipal entity, known as the Susquehanna Area Regional Airport Authority, which is comprised of the representative governmental entities of Cumberland, Dauphin and York counties, the cities of Harrisburg and York, and the townships of Fairview and Lower Swatara. It is essentially SARAA that now owns and operates HIA as a joint municipal endeavor.

The primary nature of the issue(s) before this court is SARAA’s proposed management of and/or limitation upon the common carrier taxi services which operate within the greater Harrisburg Region, and by direct implication, provide those same common carrier services to HIA. There are three such taxi services which primarily serve HIA, namely, American Taxi Company, Keystone Taxi, and the plaintiff, Capital City Cab.

Given the fact that SARAA owns and operates HIA, it (SARAA) appears to presume that it should arrange for taxi services, and particularly the control of outbound taxi fares and services, for airport patrons. However, in this Commonwealth, taxi service providers are deemed to be public utilities because they are common carriers. See 66 Pa.C.S. §102. A common carrier is generally defined as: “[a]ny and all persons or corporations holding out, offering, or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by, through, over, above, or under land, water, or air, and shall include forwarders, but shall not include contract carriers by motor vehicles, or brokers, or any bona fide cooperative association transporting prop[505]*505erty exclusively for the members of such association on a nonprofit basis.” 66 Pa.C.S. §102.

Pennsylvania statute, more specifically defines common carrier by motor vehicle as: “[a]ny common carrier who or which holds out or undertakes the transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by motor vehicle for compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes any motor vehicle, with or without driver, for transportation or for use in transportation of persons or property as aforesaid, and shall include common earners by rail, water, or air, and express or forwarding public utilities insofar as such common carriers or such public utilities are engaged in such motor vehicle operations....” 66 Pa.C.S. §102.

Primary authority over public utilities lies within the PUC. Pursuant to Pennsylvania statutory enactment, the General Assembly has provided:

“(b) Administrative Authority and Regulations. — The commission shall have general administrative power and authority to supervise and regulate all public utilities doing business within this Commonwealth. The commission may make such regulations, not inconsistent with law, as may be necessary or proper in the exercise of its powers or for the performance of its duties.” 66 Pa.C.S. §501(b).

As such, the PUC has the primary authority to regulate and administer taxi service providers.

So as to fully illuminate the issues at hand, it is important to discuss the events leading up to the filing of the petition which brought this case before this court. On [506]*506June 30, 2003, in an attempt to have the PUC abandon and/or abrogate some of its primary statutory and regulatory authority over taxi services providers at HIA, SARAA filed a “petition for declaratory order” with the PUC. From the express averments in that initial declaratory petition before the PUC, it is clear that SARAA, at the very least, acknowledged that the PUC had primary jurisdiction over outbound taxi service providers. Through that declaratory petition, SARAA requested that the PUC give it (SARAA) control over outbound taxi fares from HIA. SARAA wanted such control so that it was free to enter into an agreement with only one of the taxi cab companies which provided service to HIA, namely, American Taxi. Such a request was alleged by SARAA to be necessary because of constant difficulty that it (SARAA) was having with providing adequate taxi services at HIA. As such, SARAA requested that the fares originating at HIA (outbound fares) would not be subject to the PUC’s regulatory authority. SARAA averred in the declaratory petition that such outbound control by SARAA was necessary because it was both legally permissible and more efficient for the PUC to not exercise its primary jurisdiction over the taxi company which would provide exclusive outbound transportation at HIA through an anticipated contract with SARAA. (Petition for declaratory order, June 30,2003.)

On January 16, 2004, the PUC held a public meeting to address the relief requested by S ARAA in the declaratory petition. After a public meeting on that matter, the PUC denied SARAA’s request on January 20,2004, and issued a formal order establishing its decision, wherein it (PUC) set forth its basis and holding on such matters. SARAA never filed an appeal to that formal order, al[507]

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Bluebook (online)
70 Pa. D. & C.4th 501, 2004 Pa. Dist. & Cnty. Dec. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-city-cab-service-inc-v-susquehanna-area-regional-airport-pactcompldauphi-2004.