Appeal of Heeren Trucking Co., 9418
| Court | Supreme Court of South Dakota |
| Citation | 75 S.D. 329,64 N.W.2d 292 |
| Docket Number | No. 9418,9418 |
| Parties | Appeal of HEEREN TRUCKING CO. |
| Decision Date | 30 April 1954 |
Bielski, Elliott & Lewis, Sioux Falls, for appellant.
Stordahl, May & Boe, Sioux Falls, for respondent.
The Heeren Trucking Co., appellant herein, made application to the Public Utilities Commission for a motor carrier registration authorizing it to transport for hire petroleum products from pipeline terminals at Sioux Falls and Watertown to Mobridge and Faith and thirteen intermediate points. The Commission granted the application. Appellant thereafter made application for an extension of its authorization to permit transportation service from the pipeline terminals mentioned to Huron, Webster, Britton, Faulkton, Eureka, Roscoe, Bowdle, Ashton and Selby. The Commission granted the request upon condition that it would revoke the amended registration certificate if after complaint by competing carriers and hearing it should appear that detrimental competition with other carriers had arisen. Protest was filed by Transport, Inc. of South Dakota, respondent herein, and after notice and hearing the amended registration certificate was revoked. Rehearing was denied and appellant appealed to the Circuit Court of Hughes County.
The respondent made a motion to dismiss the appeal claiming that the appeal should have been taken to the circuit court of any county in which the controversy submitted to the Commission arose. The court below granted the motion to dismiss and it is claimed on appeal to this Court that such ruling is erroneous.
When procedure is prescribed by the legislature for reviewing the action of an administrative body, review may be had only on compliance with such proper conditions as the legislature may have imposed. See Application of Dakota Transportation, Inc., 67 S.D. 221, 291 N.W. 589. It is agreed that the controlling statute is that portion of SDC 52.0502 reading as follows:
'Within thirty days after application for a rehearing is denied and the order denying a rehearing is served by registered mail, or if the application is granted, then within thirty days after the service by registered mail of the decision on rehearing, any party affected by any final order or determination of the Commission shall have the right to appeal therefrom to the Circuit Court of any county in which the original controversy submitted to said Commission for determination, or any part thereof, arose, or to the Circuit Court of any county in which any common carrier or public utility resides or has its office or in which it operates.'
It is also agreed that there is in this proceeding no 'common carrier or public utility' residing or having its office or operating in Hughes County. The...
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Lake Hendricks Improvement Ass'n v. Brookings Cnty. Planning & Zoning Comm'n, 27598.
...be had only on compliance with such proper conditions as the [L]egislature may have imposed.” Id. (quoting Appeal of Heeren Trucking Co., 75 S.D. 329, 330–31, 64 N.W.2d 292, 293 (1954) ). Here, the Legislature identified certain classes of plaintiffs entitled to bring suit under SDCL chapte......
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Elliott v. Board of County Com'rs, 23425.
...review may be had only on compliance with such proper conditions as the legislature may have imposed." Appeal of Heeren Trucking Co., 75 S.D. 329, 330-31, 64 N.W.2d 292, 293 [¶16.] The legislature has clearly established in SDCL Chapter 11-2 the right of and procedure for appealing county z......
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Iowa Public Service Co. v. Iowa State Commerce Commission, 59150
...Page 769 ; Wagner v. North Dakota Board of Barber Examiners, 186 N.W.2d 570, 572, 573 (N.D.1971); and Appeal of Heeren Trucking Co., 75 S.D. 329, 64 N.W.2d 292, 293 The utility places significance on the use of the word venue in the statute, arguing this demonstrates the legislature was not......
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Stark v. Munce Bros. Transfer & Storage, 16845
...administrative body, the conditions of the procedure must be complied with before jurisdiction is invoked. Appeal of Heeren Trucking Co., 75 S.D. 329, 330-331, 64 N.W.2d 292, 293 (1954); Middle Creek Sch. Dist. No. 18 v. Butte County Bd. of Ed., 83 S.D. 107, 155 N.W.2d 450 (1968). Heeren an......