Groendyke Transport, Inc. v. New Mexico State Corp. Commission

439 P.2d 709, 79 N.M. 60
CourtNew Mexico Supreme Court
DecidedApril 15, 1968
Docket8477
StatusPublished
Cited by9 cases

This text of 439 P.2d 709 (Groendyke Transport, Inc. v. New Mexico State Corp. Commission) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Groendyke Transport, Inc. v. New Mexico State Corp. Commission, 439 P.2d 709, 79 N.M. 60 (N.M. 1968).

Opinion

OPINION

COMPTON, Justice.

This is an appeal from a judgment reversing an order of the State Corporation Commission.

In 1953, the commission issued a certificate of public convenience and necessity to Griffin Brothers, Inc., authorizing:

“Transportation of sand, gravel, crushed rock, clay, fill dirt, pumice, cinder aggregate, ready mixed concrete, graphite, lime, stone, mortar, asphalt, fertilizer, and bulk water, by means of dump truck only, between all points and places in the State of New Mexico, over irregular routes under non-scheduled service.” (Emphasis added.)

The certificate was transferred by order of the commission from Griffin Brothers, Inc. to Field Service, Inc. in 1963, but the restrictive language, “by means of dump truck only,” was deleted. On March 11, 1965, by order of the commission the certificate was transferred to Groendyke Transport, Inc., the appellee; again the restrictive language was deleted.

On March 29, 1965, the intervenors-appellants, Steere Tank Lines, Inc., and others, filed a complaint before the commission seeking to have the certificate restored to its original form. At the hearing the commission found that the deletion was a clerical error and ordered that the certificate be issued in its original form. Groendyke Transport, Inc., appealed the order of the commission to the district court, where judgment was entered reversing the order.

The court found, finding No. 7, that the certificate had remained on the records of the commission for more than three years and that no appeal had been taken from either order as required by § 64-27-69, N. M.S.A.1953. The court then concluded that the orders of the commission had become final; that the commission was without jurisdiction to entertain intervenors-appellants’ complaint questioning the validity of the orders. Judgment was entered accordingly, and the intervenors-appellants and the commission appealed.

We think the court fell into error. It is clear that the alteration of the certificate by the commission in 1963 and 1965 was without compliance with Art. XI, § 8, New Mexico Constitution and the provisions of §§ 64-27-8 and 13, N.M.S.A.1953, in that no notice of hearing was given to interested parties. Such noncompliance by the commission renders the orders void and subject to collateral attack. State v. Mountain States Tel. & Tel. Co, 54 N.M. 315, 224 P. 2d 155; In re Atchison, T. & S. F. Ry. Co.’s Protest of Rates, 44 N.M. 608, 107 P.2d 123; Maxwell Land Grant Co. v. Jones, 28 N.M. 427, 213 P. 1034; Philipp Brothers Chemicals, Inc. v. United States, Cust.Ct, 222 F. Supp. 489; Elof Plansson, Inc. v. United States, Cust.Ct, 178 F.Supp. 922; Schmidt Pritchard & Co. v. United States, Cust.Ct, 167 F.Supp. 272; Cravey v. Southeastern Underwriters Association, 214 Ga. 450, 105 S.E.2d 497. See, also, Flavell v. Department of Welfare, 144 Colo. 203, 355 P.2d 941; Aylward v. State Board of Chiropractic Examiners, 31 Cal.2d 833, 192 P.2d 929.

The commission has constitutional authority to alter or amend its orders. Article XI, § 7, New Mexico Constitution. Section 64-27-6, N.M.S.A.1953, provides that the commission may “do all things necessary to carry out and enforce” the motor carrier act. Section 64 — 27-13, N.M.S.A. 1953, provides that the commission may alter or amend any certificate for good cause after proper notice and opportunity for a hearing. See Petroleum Club Inn Co. v. Franklin, 72 N.M. 347, 383 P.2d 824; Musslewhite v. State Corporation Commission, 61 N.M. 97, 295 P.2d 216. See, also, American Trucking Association v. Frisco Transportation Company, 358 U.S. 133, 79 S.Ct. 170, 3 L.Ed.2d 172.

The court further found:

* Hí # * sfc
“8. That it is a matter of common knowledge that the commodities authorized by Certificate No. 1226, to-wit: ready mix concrete, mortar, asphalt, fertilizer (in liquid form), and bulk water cannot be transported by dump trucks within the territory authorized by Certificate No. 1226.
“9. That the restriction ‘by means of dump truck only’ would defeat the transportation of the commodities which the Commission had detei-mined public convenience and necessity required within the territory the Commission had previously determined needed the service.
>¡í ‡ if! #
“12. That the Order of the State Corporation Commission entered in Docket No. 3733 on December 14, 1965, is unlawful and unreasonable in that the requirement of limiting the means to be employed to transport the commodities authorized to be transported is in direct conflict and tends to defeat the carrier’s ability to transport said commodities. By the inclusion of the restriction in the certificate, it obstructs the free flow of traffic as well as impairs the efficiency of the common carrier holding the certificate.”
The court then concluded:
* * * * *
“6. That the restriction ‘by dump truck only’ authorized by the Order to be inserted in Certificate No. 1226 is' contrary to the mandate to the Commission set out in Section 64-27-8 in that this restriction could not in any way assist public convenience and necessity but on the contrary tends to obstruct the free flow of traffic and the efficiency of the carrier.
❖ ‡ * ^ ‡ #
“10. That the Order of the Commission entered in Docket No. 3733 is unlawful and unreasonable and should be set aside.”

The appellants contend that the court exceeded its authority in making its findings of fact and conclusions of law. We think the contention is well founded. The scope of review of the district court on appeal is restricted to the record made before the commission. Based thereon the court is limited to a determination whether the order of the commission is supported by substantial evidence; whether the administrative agency acted unlawfully, arbitrarily, or capriciously; and, generally, whether the administrative agency acted within the scope of its authority. S.I.C. Finance-Loans of Menaul, Inc. v. Upton, 75 N.M. 780, 411 P.2d 755; Llano, Inc. v. Southern Union Gas Company, 75 N.M. 7, 399 P.2d 646; Ferguson-Steere Motor Company v. State Corporation Commission, 63 N.M.

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

Related

AA Oilfield Service, Inc. v. New Mexico State Corp. Commission
881 P.2d 18 (New Mexico Supreme Court, 1994)
First National Bank v. Bernalillo County Valuation Protest Board
560 P.2d 174 (New Mexico Court of Appeals, 1977)
Wickersham v. New Mexico State Board of Education
464 P.2d 918 (New Mexico Court of Appeals, 1970)
Springer Corp. v. State Corp. Commission
464 P.2d 552 (New Mexico Supreme Court, 1969)
Springer Corporation v. STATE CORPORATION COM'N
464 P.2d 552 (New Mexico Supreme Court, 1969)
Groendyke Transport, Inc. v. New Mexico State Corp. Commission
458 P.2d 584 (New Mexico Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
439 P.2d 709, 79 N.M. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groendyke-transport-inc-v-new-mexico-state-corp-commission-nm-1968.