Groendyke Transport, Inc. v. New Mexico State Corp. Commission

• Decision Date: 14 April 1969
• Docket Number: No. 8598,8598
• Parties: GROENDYKE TRANSPORT, INC., a corporation, Plaintiff-Appellant, v. NEW MEXICO STATE CORPORATION COMMISSION and Murray E. Morgan, Columbus Ferguson and Floyd Cross, Commissioners, Defendants-Appellees, E. B. Law & Son, Inc., Intervening-Defendant-Appellee.
• Court: New Mexico Supreme Court

Page 584

458 P.2d 584

80 N.M. 509

GROENDYKE TRANSPORT, INC., a corporation, Plaintiff-Appellant, v. NEW MEXICO STATE CORPORATION COMMISSION and Murray E Morgan, Columbus Ferguson and Floyd Cross Commissioners, Defendants-Appellees E. B. Law & Son, Inc., Intervening-Defendant-Appellee.

No. 8598.

Supreme Court of New Mexico.

April 14, 1969.

Rehearing Denied Sept. 15, 1969.

Standley, Kegel & Campos, Santa Fe, Girand, Cowan & Reese, Hobbs, for appellant

Jones, Gallegos, Snead & Wertheim, Santa Fe, for intervening appellee.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., for appellees.

OPINION

NOBLE, Chief Justice.

Groendyke Transport, Inc. (hereafter referred to as Groendyke) in 1965 filed a petition with the New Mexico State Corporation Commission (hereafter referred to as Commission), attacking an order of public necessity and convenience issued to a predecessor of E. B. Law & Son, Inc. (hereafter referred to as Law), December 14, 1950. The relief sought was denied by the Commission. Groendyke sought review in the district court and has appealed from that court's determination that the Commission's order was lawful and reasonable. This appeal turns on whether the Commission complied with the constitutional and statutory requirements of notice of hearing, prior to granting the order referred to above.

Law held certificate 895--1, which had been issued to its predecessor, authorizing the transportation of 'gasoline, oil and water between points and places in New Mexico, except San Juan, Catron, Hidalgo and Union Counties.' In 1950, Law sought an amendment to its certificate enlarging the territory within which it was permitted to operate, so as to permit transportation of 'oil, gas and water,' between all points and places in New Mexico. The pertinent part of the notice of hearing on the Law application, given by the Commission, was:

'Notice is hereby given that E. B. Law & Son, Inc. * * * applied * * * for an extension to Certificate of Public Necessity and Convenience No. 895--1 (which authorizes the transportation of gasoline, oil, and water between points and places in New Mexico, except San Juan, Catron, Hidalgo and Union Counties) to operate a freight service as follows: Transportation of oil, gas and water between all points and places in the State of New Mexico, over irregular routes, under non-scheduled service.'

Following a hearing on December 5, 1950, one commissioner signed an order authorizing 'transportation of gas and oil, except crude oil, between all points and places in San Juan, Catron, Hidalgo and Union Counties, over irregular routes, under nonscheduled service.' However, on December 14, 1950, two commissioners signed an order directing the issuance of a certificate of convenience and necessity, authorizing:

'Transportation of petroleum and petroleum products between all points and places in New Mexico, and the transportation of water and crude oil between all points and places in the State of New Mexico except San Juan, Catron, Hidalgo and Union Counties, over irregular routes, under non-scheduled service.'

It is clear that the notice of hearing on the Law application to amend its certificate did not give notice of an intention to consider extending the authorization to include transportation of all petroleum and petroleum products within the entire State of New Mexico. We are not impressed by the...