Douglas Transit, Inc. v. Illinois Commerce Commission

495 N.E.2d 620, 145 Ill. App. 3d 115, 99 Ill. Dec. 173, 1986 Ill. App. LEXIS 2456
CourtAppellate Court of Illinois
DecidedJuly 3, 1986
Docket4-86-0093
StatusPublished
Cited by7 cases

This text of 495 N.E.2d 620 (Douglas Transit, Inc. v. Illinois Commerce Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas Transit, Inc. v. Illinois Commerce Commission, 495 N.E.2d 620, 145 Ill. App. 3d 115, 99 Ill. Dec. 173, 1986 Ill. App. LEXIS 2456 (Ill. Ct. App. 1986).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

The defendant, Illinois Commerce Commission (Commission), appeals a circuit court decision which partially stays the effect of a Commission order which permitted the transfer of motor-carrier-operating authority from plaintiff, Douglas Transit, Inc. (Douglas), to plaintiff, Hunt Super Service, Inc. (Hunt), but on terms not agreeable to Hunt and Douglas. We affirm.

The instant proceedings commenced on May 16, 1983, with the filing by Douglas and Hunt of an application for the transfer of Douglas’ certificate of public convenience and necessity to operate as a motor carrier to Hunt. Shortly after the filing of this request, Hunt commenced operations under the terms of Douglas’ certificate, pursuant to temporary authority granted by the Commission which the Commission extended several times.

On October 30, 1985, the Commission granted Douglas’ and Hunt’s application for transfer of operating authority, but held that various commodities listed in the abstracts of shipments submitted by Douglas and Hunt were “not of a similar nature to those specific commodities” listed in Douglas’ certificate of public convenience and necessity and were thus outside the scope of Douglas’ common-carrier authority. As the basis for this conclusion, the Commission relied on our opinion in Brink’s, Inc. v. Illinois Commerce Com. (1982), 108 Ill. App. 3d 186, 439 N.E.2d 1, where, pursuant to the doctrine of ejusdem generis, we held that the term “commodities general,” appended to a list of specific commodities appearing in Douglas’ certificate of public convenience and necessity, is limited to those commodities which are within the class of commodities described by the specific words preceding it. The implication of the Commission’s October 30, 1985, order is that Hunt is not entitled, under the operating authority conferred upon it by the transfer of the Douglas certificate, to transport the commodities found by the Commission to be outside the scope of Douglas’ operating authority, which commodities apparently comprise a substantial percentage of the articles transported by Hunt pursuant to its temporary authority to operate under the Douglas certificate.

On December 10, 1985, Douglas and Hunt filed with the Commission a petition for rehearing and/or reconsideration of the above order. Following the denial of this petition, Douglas and Hunt filed in the Sangamon County circuit court a notice of appeal from the Commission’s October 30, 1985 order. Subsequently, on January 7, 1986, Douglas and Hunt filed a motion for a stay of the October 30, 1985, order, insofar as it deleted from Hunt’s new certificate of public convenience and necessity authorization to carry certain commodities which had been included within the scope of Douglas’ operating authority. The circuit court granted the say in an order entered January 14,1986, which it amended on February 4,1986.

Meanwhile, the last grant of temporary authority permitting Hunt to operate under the full scope of Douglas’ certificate had expired on December 19, 1985. On December 24, 1985, the Commission’s Motor Carrier Employee Board denied a request by Hunt that its temporary authority to operate in this manner be extended. The principal basis stated for this decision was that Hunt had had sufficient time subsequent to the October 30, 1985, order in which to file the applicable rates and tariffs, which filing was necessary in order to begin operations under the authority granted to Hunt by the October 30, 1985 order.

We first consider what standard of review is applicable to the stay order from which the Commission appeals. Prior to 1986, a stay of a Commission order could be entered only if the evidence supported a finding that the petitioner would incur “great or irreparable damage” absent a stay. (Ill. Rev. Stat. 1983, ch. 1112/3, par. 75.) However, the Illinois Commercial Transportation Law, effective January 1, 1986, provides that a court may stay a Commission order “in its discretion.” (Ill. Rev. Stat. 1985, ch. 951/2, par. 18c-2205(2).) Section 18c — - 2206 of the Illinois Commercial Transportation Law further provides that where it is silent, proceedings for judicial review of the Commission decisions are to be governed by the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 951/2, par. 18c — 2206), which in turn states that administrative agency decisions may be stayed for “good cause shown” (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 111(1)). In Moore v. Markowitz (1984), 127 Ill. App. 3d 1050, 469 N.E.2d 1133, we held that “good cause” for a stay of an administrative decision (within the meaning of the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 101 et seq.)) exists where a litigant establishes that a stay is required in order to preserve the status quo and raises “at least a fair question as to the likelihood of success on the merits.” Moore v. Mankowitz (1984), 127 Ill. App. 3d 1050, 1055, 469 N.E.2d 1133, 1137.

The Commission asserts that the “good cause” standard stated in the Administrative Review Law is incorporated by reference into the Illinois Commercial Transportation Law by virtue of paragraph 18c — 2206 thereof (Ill. Rev. Stat. 1983, ch. 951/2, par. 18c— 2206). Under the view we take of this matter, we need not, however, determine whether this is so. A judicial order issued pursuant to a court’s discretionary authority is not subject to reversal on review unless it constitutes an abuse of the court’s discretion. (See Whitney v. Madden (1948), 400 Ill. 185, 79 N.E.2d 593, cert. denied (1948), 335 U.S. 828, 93 L. Ed. 382, 69 S. Ct. 55.) The term “abuse of discretion” has been defined as “ ‘palpably erroneous, contrary to the manifest weight of the evidence, or manifestly unjust’” (In re Marriage of Batchelor (1980), 89 Ill. App. 3d 781, 783, 412 N.E.2d 49, 51), and as a decision with respect to which “no reasonable person would take the view adopted by the trial court” (In re Marriage of Chambers (1984), 125 Ill. App. 3d 507, 508-09, 466 N.E.2d 262, 264). In our view, a decision with respect to which no reasonable person would take the view adopted by the trial court or a decision which is palpably erroneous or contrary to the manifest weight of the evidence is necessarily one which is not based on good cause. It follows that there is for practical purposes no distinction between the “abuse of discretion” standard of review applicable to stay orders which is implicitly prescribed by the Illinois Commercial Transportation Law and the “good cause” standard of review prescribed by the Administrative Review Law, and that judicial definitions of the term “good cause” as used in the Administrative Review Law are relevant to consideration of whether a Commission order was properly stayed pending review.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Muscarello v. Ogle County Board of Commissioners
610 F.3d 416 (Seventh Circuit, 2010)
People v. Yvonne J.
269 Ill. App. 3d 824 (Appellate Court of Illinois, 1994)
In Re AJ
646 N.E.2d 1239 (Appellate Court of Illinois, 1994)
Vasa North Atlantic Insurance v. Selcke
633 N.E.2d 865 (Appellate Court of Illinois, 1994)
Kaden v. Pucinski
635 N.E.2d 468 (Appellate Court of Illinois, 1994)
Vrozos v. Sarantopoulos
552 N.E.2d 1093 (Appellate Court of Illinois, 1990)
In Re Petition of Kildeer to Annex
514 N.E.2d 1020 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
495 N.E.2d 620, 145 Ill. App. 3d 115, 99 Ill. Dec. 173, 1986 Ill. App. LEXIS 2456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-transit-inc-v-illinois-commerce-commission-illappct-1986.