M & G FLEET SERV. v. LA. PUB. SERV. COM'N

• Decision Date: 27 January 1984
• Docket Number: No. 83-C-1125.,83-C-1125.
• Citation: 443 So. 2d 579
• Court: Louisiana Supreme Court
• Parties: M & G FLEET SERVICE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION.

443 So.2d 579

M & G FLEET SERVICE, INC. v.LOUISIANA PUBLIC SERVICE COMMISSION.

No. 83-C-1125.

Supreme Court of Louisiana.

November 28, 1983.

Rehearing Denied January 27, 1984.

V. James Stewart, Baton Rouge, for plaintiff-appellee.

Janet Boles Chambers, Monroe, Boles & Mounger, for intervenor-appellant.

Marshall B. Brinkley, Baton Rouge, for defendant-appellee.

PER CURIAM.

Intervention of Haggard Transportation, Inc.

This is an appeal by an applicant motor carrier from a district court reversal of a public service commission ruling granting the carrier an additional certificate of public convenience and necessity to haul lime, fly ash and mineral filler over the opposition of other carriers with similar existing certificates.We affirm.The applicant has the burden of clearly showing that the public convenience and necessity would be materially promoted by the issuance of a certificate to it.La.R.S. 45:164;M & G Fleet, Inc. v. Louisiana Public Service Commission,443 So.2d 574(La.1983)(Intervention of Material Delivery Service, Inc.)A court will not upset the commission's determination of such a showing unless it is based on an error of law or is one which the commission could not have found reasonably from the evidence.Id.In the present case, there is no reasonable basis in the record for the commission's finding that the applicant carrier had shown that the public convenience and necessity would be promoted by the issuance of a certificate to it....