City of Ashland v. Beckham
| Decision Date | 14 December 1937 |
| Citation | 271 Ky. 96,111 S.W.2d 575 |
| Parties | CITY OF ASHLAND v. BECKHAM, Commissioner of Business Regulation, et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Franklin County.
Action by the City of Ashland against J. C. W. Beckham, Commissioner of Business Regulation, and another. Judgment for defendants dismissing petition after demurrer was sustained and plaintiff declined to plead further, and plaintiff appeals.
Affirmed.
Porter M. Gray, John T. Diederich, and John Stanley, all of Ashland for appellant.
Hubert Meredith, Atty. Gen., A. E. Funk, Asst. Atty. Gen., and S. S Willis and Hannah, Van Sant & McKenzie, all of Ashland, for appellees.
This is an action brought by the City of Ashland to enjoin D. C Moore, Director of the Division of Motor Transportation, and J. C. W. Beckham, Commissioner of Business Regulation, from assuming jurisdiction to hear or entertain an application made by C. E. Fannin, doing business as Blue Ribbon Lines, for a certificate of convenience and necessity authorizing him to operate a bus line for the transportation of passengers for hire over certain streets and highways named in such application.
C. E. Fannin is the owner of a certificate of convenience and necessity issued by the Division of Motor Transportation for the year 1937 authorizing him to operate a bus line for the transportation of passengers for hire from a point 1,100 feet west of the corporate limits of Ashland through Ashland to Catlettsburg, Ky. This certificate authorized him to receive and discharge passengers in Ashland and at all intermediate points along the route. In September, 1937, Fannin filed an application for amendment and extension of his certificate so that as amended it would authorize him to operate a bus line along seven routes described in the application. At least two of the routes are wholly within the corporate limits of the City of Ashland, and the remaining routes extend from a point in the city to points outside the city, varying in distance from one-half mile to four miles from the corporate limits. Upon the filing of the application, the Director of the Division of Motor Transportation, pursuant to the provisions of section 2739j-47 of the Kentucky Statutes, fixed the time and place for a hearing thereof and mailed a written notice of such hearing to all persons, firms, and corporations, including the City of Ashland, who, in his opinion, might be affected by the issuance of the certificate. Before the day set for the hearing, the City of Ashland filed this action in the Franklin circuit court, and a temporary restraining order was issued by the clerk enjoining and restraining the defendants from holding the hearing. In its petition, the plaintiff sought a declaration of rights under the Declaratory Judgment Act, Civil Code of Practice, § 639a--1 et seq., and asked the court to determine what jurisdiction, if any, the defendants have over the operation of motor vehicles carrying passengers for hire wholly within the corporate limits of the city, or within ten miles of its corporate limits. The defendants filed a demurrer to the petition and a motion to dissolve the temporary restraining order. The court dissolved the temporary restraining order issued by the clerk, and sustained the defendants' demurrer to the petition. The plaintiff declined to plead further, and its petition was dismissed.
We think the ruling of the circuit court to the effect that appellant is not entitled to injunctive relief is correct. Chapter 104 of the Acts of 1932, as amended, now sections 2739j-43 to 2739j-97, inclusive, of the Kentucky Statutes 1936 Ann. Supp.1937, § 2739j-42, regulates and governs "the transportation for hire of persons and property by motor vehicles on public highways." The administration of the act was assigned to the State Tax Commission. By an act passed by the General Assembly at its first extra session in 1936, c. 1, the Department of Business Regulation was created, and all the administrative functions of the state in relation to the supervision of motor transportation for hire were assigned to it. Ky.St. § 4618-113. By the same act, it was provided that the Division of Motor Transportation, one of the divisions of the Department...
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Black v. Utter
... ... (Workmen's Compensation); Oldham County v ... Arvin, 244 Ky. 551, 552, 55 S.W.2d 657; City of ... Ashland v. Beckham, Com., 271 Ky. 96, 111 S.W.2d 575, ... (Motor Transportation). Under ... ...
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Midlow v. Ray's Adm'x
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