Grouse Mountain Associates, Ltd. v. Montana Department of Public Service Regulation

943 P.2d 971, 284 Mont. 65, 54 State Rptr. 750, 1997 Mont. LEXIS 153
CourtMontana Supreme Court
DecidedJuly 18, 1997
Docket96-383
StatusPublished
Cited by5 cases

This text of 943 P.2d 971 (Grouse Mountain Associates, Ltd. v. Montana Department of Public Service Regulation) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grouse Mountain Associates, Ltd. v. Montana Department of Public Service Regulation, 943 P.2d 971, 284 Mont. 65, 54 State Rptr. 750, 1997 Mont. LEXIS 153 (Mo. 1997).

Opinions

JUSTICE HUNT

delivered the Opinion of the Court.

Appellant Montana Public Service Commission (PSC) and Intervenor/Appellant Rocky Mountain Transportation, Inc., (Rocky Mountain) appeal from the decision issued by the Eleventh Judicial District Court, Flathead County, reversing upon judicial review PSC’s declaratory ruling that Grouse Mountain Lodge (Grouse Mountain) is a “motor carrier” subject to PSC regulation.

We affirm the District Court.

There are two issues for our review:

1. Did the District Court properly employ the applicable standard of review of the PSC’s declaratory ruling and final order on reconsideration?

[67]*672. Did the District Court err when it determined that Grouse Mountain is not subject to PSC motor carrier regulation?

BACKGROUND

Grouse Mountain is located in the picturesque mountains surrounding Whitefish, Montana. The year-round recreational activities around Grouse Mountain attract guests to the lodge from all over the country. Grouse Mountain owns four passenger vans with which it transports its guests between the lodge and The Big Mountain ski resort (Big Mountain), downtown Whitefish, Glacier International Airport, and the Amtrak railway station. Grouse Mountain does not advertise or offer transportation services to the general public. Transportation between the lodge and the airport, railway station, and Big Mountain is free for lodge guests. Guests must pay a nominal fee for transportation between the lodge and downtown Whitefish.

In February, 1993, a rival Whitefish-area business person filed a complaint in the Eleventh Judicial District Court, Flathead County, alleging that Grouse Mountain’s guest transportation was subject to PSC motor carrier regulation and requesting that Grouse Mountain be enjoined from further guest transportation until it had obtained an appropriate certificate of authority from PSC. In response to this complaint, Grouse Mountain filed with the PSC a petition for a declaratory ruling that it was not subject to regulation. The District Court stayed the complaint pending a resolution of Grouse Mountain’s petition.

In a 3-2 decision, the PSC determined that Grouse Mountain’s transportation was in part subject to motor carrier regulation and ruled that: Grouse Mountain has a principal non-transportation hotel business; Grouse Mountain may transport its registered guests to and from the lodge and points of connection with common carriers, and this transportation is incidental to the principal non-transporta-tion business; Grouse Mountain cannot lawfully transport registered guests to and from the lodge and any other places without obtaining a certificate of convenience and necessity from the PSC because such transportation is not incidental to the principal non-transportation business. Grouse Mountain moved the PSC to reconsider its ruling, but also submitted an application for a class “C” certificate of public convenience and necessity, requesting authority to transport lodge guests to all points and places in Flathead County.

In another 3-2 decision, the PSC issued its order on reconsideration, affirming its prior ruling. PSC then scheduled a hearing on [68]*68Grouse Mountain’s class “C” application, which was contested. After the hearing, PSC issued a certificate of public convenience and necessity which authorized Grouse Mountain to transport guests to points of connection with common carriers and the City of Whitefish.

Grouse Mountain appealed PSC’s initial declaratory ruling and subsequent order on reconsideration to the Eleventh Judicial District Court, Flathead County. The District Court reversed the PSC, holding that: Grouse Mountain is not a “motor carrier;” Grouse Mountain’s transportation activities do not exhibit the characteristics of a “motor carrier;” Grouse Mountain provides “accommodative transportation,” which is expressly exempt from regulation; and, finally, that even if Grouse Mountain's transportation activities were arguably within the scope of regulated motor carriage, it would be exempt from regulation according to the “primary business” test. PSC, and Rocky Mountain, as Intervenor, appeal from the District Court’s order.

STANDARD OF REVIEW

The PSC’s conclusion that Grouse Mountain is subject to motor carrier regulation is a conclusion of law subject to review in the first instance by the District Court. Section 2-4-501, MCA; § 2-4-702, MCA. The standard of review applicable to the PSC’s conclusion is whether the PSC correctly interpreted the law in reaching that conclusion. Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 474, 803 P.2d 601, 603.

ISSUE ONE

Did the District Court properly employ the applicable standard of review of the PSC’s declaratory ruling and final order on reconsideration?

The parties do not dispute the standard applicable to the District Court’s review of the PSC’s decision. In Steer, Inc., this Court held that a district court should review an agency’s decision to determine whether the agency’s interpretation of the law is correct. Steer, Inc., 803 P.2d at 603. The PSC contends, however, that the District Court improperly employed this standard. Specifically, PSC argues that the court did not sufficiently defer to the PSC’s interpretation of its own regulations. In addition, PSC argues that its ruling had the force of law through the “reenactment doctrine.” Finally, PSC argues that the exemptions from motor carrier law claimed by Grouse Mountain should have been narrowly construed by the court.

[69]*69As to PSC’s first argument, we note that neither we nor the District Court must defer to an incorrect agency decision. As discussed more fully below, the court properly determined that the PSC’s decision was incorrect. PSC’s second argument regarding the “reenactment doctrine” misses the point. PSC essentially contends that the latest legislative enactments with respect to the law regarding motor carrier regulation were enacted in light of the PSC’s declaratory ruling, are not inconsistent with that ruling or with prior, similar rulings, and are therefore an implicit adoption of PSC’s interpretation of the relevant statutes. However, there is nothing in the legislative enactments that would indicate an adoption of any of the specific aspects of the PSC’s ruling that are under review, particularly the PSC’s application of the “primary business” test to the facts here. Finally, with respect to PSC’s third argument, that exemptions from regulations are to be given narrow interpretation, we note that the PSC has not articulated what a narrow interpretation of the relevant rules and regulations would reveal, except to say that the District Court’s ultimate conclusions were incorrect. This argument is not persuasive.

We hold that the District Court utilized the proper standard of review, reviewing the PSC’s conclusions to determine whether they were the result of a correct interpretation of the law. We also hold that the court properly applied this standard.

ISSUE TWO

Did the District Court err when it determined that Grouse Mountain is not subject to PSC motor carrier regulation?

The PSC’s authority to regulate motor carriers comes from title 69, chapter 12 of the Montana Code. See § 69-12-201, MCA.

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943 P.2d 971, 284 Mont. 65, 54 State Rptr. 750, 1997 Mont. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grouse-mountain-associates-ltd-v-montana-department-of-public-service-mont-1997.