Hogue Steel Express Co. v. Public Service Commission

Michigan Court of Appeals

Hogue Steel Express Co. v. Public Service Commission

184 N.W.2d 499, 28 Mich. App. 499, 1970 Mich. App. LEXIS 1212

CourtMichigan Court of Appeals

DecidedDecember 7, 1970

DocketDocket No. 8409

StatusPublished

This text of 184 N.W.2d 499 (Hogue Steel Express Co. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hogue Steel Express Co. v. Public Service Commission, 184 N.W.2d 499, 28 Mich. App. 499, 1970 Mich. App. LEXIS 1212 (Mich. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

The Michigan Public Service Commission ruled in an order of December 9, 1968, that the plaintiff had voluntarily and intentionally abandoned operating authority contrary to § 13, Art 2, Act 254 of the Public Acts of 1933, being MCLA § 476.13 (Stat Ann 1970 Rev § 22.546). On January 8, 1969, plaintiff petitioned defendant commission for a rehearing. This petition was filed pursuant to MCLA § 479.18 (Stat Ann 1970 Rev § 22.583). On April 25,1969, the commission served an order denying plaintiff’s petition for rehearing. Plaintiff instituted appeal proceedings in the Ingham County Circuit Court on May 22, 1969, pursuant to MCLA § 479.20 (Stat Ann 1970 Rev § 22.585).

The Ingham County Circuit Court granted defendant commission’s motion for an accelerated [501]*501judgment on plaintiff’s appeal from the December 9,1968, order of the commission because said appeal was not timely, but denied accelerated judgment as to plaintiff’s appeal on the commission’s denial of a rehearing.

Subsequently, the circuit court ruled that the appeal from the denial of the rehearing was limited to considering its lawfulness or unreasonableness, and that an appeal from a denial of a rehearing could not address the validity of the original order. Upon granting summary judgment in favor of the defendants the trial court gave the plaintiff ten days to amend his amended complaint. Plaintiff failed to amend that complaint.

Plaintiff appeals the granting of the accelerated judgment and the granting of the summary judgment in favor of the defendants.

The plaintiff’s appeal from the original order of the Michigan Public Service Commission was clearly not timely. Veterans Airport Service, Inc., v. Public Service Commission (1967), 5 Mich App 602; Michigan Towing Association, Inc., v. Public Service Commission (1969), 15 Mich App 525. These cases established the rule that an application for a rehearing of an order of the Michigan Public Service Commission merely tolls the appeal time and does not provide a new 30-day appeal time from the denial of that order. The circuit court ruled correctly that an appeal from a denial of a rehearing may only review questions directly related to the denial of the rehearing and may not open up the validity of the original commission order.

Affirmed, costs to defendant, Burton Heights Moving & Transfer Company.

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

Per Curiam.

The Michigan Public Service Commission ruled in an order of December 9, 1968, that the plaintiff had voluntarily and intentionally abandoned operating authority contrary to § 13, Art 2, Act 254 of the Public Acts of 1933, being MCLA § 476.13 (Stat Ann 1970 Rev § 22.546). On January 8, 1969, plaintiff petitioned defendant commission for a rehearing. This petition was filed pursuant to MCLA § 479.18 (Stat Ann 1970 Rev § 22.583). On April 25,1969, the commission served an order denying plaintiff’s petition for rehearing. Plaintiff instituted appeal proceedings in the Ingham County Circuit Court on May 22, 1969, pursuant to MCLA § 479.20 (Stat Ann 1970 Rev § 22.585).

The Ingham County Circuit Court granted defendant commission’s motion for an accelerated [501]*501judgment on plaintiff’s appeal from the December 9,1968, order of the commission because said appeal was not timely, but denied accelerated judgment as to plaintiff’s appeal on the commission’s denial of a rehearing.

Subsequently, the circuit court ruled that the appeal from the denial of the rehearing was limited to considering its lawfulness or unreasonableness, and that an appeal from a denial of a rehearing could not address the validity of the original order. Upon granting summary judgment in favor of the defendants the trial court gave the plaintiff ten days to amend his amended complaint. Plaintiff failed to amend that complaint.

Plaintiff appeals the granting of the accelerated judgment and the granting of the summary judgment in favor of the defendants.

The plaintiff’s appeal from the original order of the Michigan Public Service Commission was clearly not timely. Veterans Airport Service, Inc., v. Public Service Commission (1967), 5 Mich App 602; Michigan Towing Association, Inc., v. Public Service Commission (1969), 15 Mich App 525. These cases established the rule that an application for a rehearing of an order of the Michigan Public Service Commission merely tolls the appeal time and does not provide a new 30-day appeal time from the denial of that order. The circuit court ruled correctly that an appeal from a denial of a rehearing may only review questions directly related to the denial of the rehearing and may not open up the validity of the original commission order.

Affirmed, costs to defendant, Burton Heights Moving & Transfer Company.

Cite This Page — Counsel Stack

Bluebook (online)

184 N.W.2d 499, 28 Mich. App. 499, 1970 Mich. App. LEXIS 1212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogue-steel-express-co-v-public-service-commission-michctapp-1970.

Opinion

Related

Cite This Page — Counsel Stack