Michigan Towing Ass'n v. Michigan Public Service Commission

• Decision Date: 28 January 1969
• Docket Number: Docket No. 4411,No. 2,2
• Parties: MICHIGAN TOWING ASSOCIATION, Inc., et al., Plaintiffs-Appellants, v. MICHIGAN PUBLIC SERVICE COMMISSION, Defendant-Appellee, Rodney B. Pierce, d/b/a Central Auto Salvage Pool, Intervening Defendant-Appellee
• Court: Court of Appeal of Michigan — District of US

Page 608

166 N.W.2d 608

15 Mich.App. 525

MICHIGAN TOWING ASSOCIATION, Inc., et al., Plaintiffs-Appellants, v. MICHIGAN PUBLIC SERVICE COMMISSION, Defendant-Appellee, Rodney B. Pierce, d/b/a Central Auto Salvage Pool,

Intervening Defendant-Appellee.

Docket No. 4411.

Court of Appeals of Michigan, Division No. 2.

Jan. 28, 1969.

Released for Publication April 23, 1969.

William B. Elmer, Mihelich, Elmer & Kendall, East Detroit, for appellants.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., David P. Van Note, Asst. Atty. Gen., Lansing, for Michigan Public Service Commission.

Quentin A. Ewert, Snyder, Loomis & Ewert, Lansing, for intervening defendant.

Before QUINN, P.J., and McGREGOR and V. J. BRENNAN, JJ.

PER CURIAM.

Plaintiff brought an appeal in the circuit court from an order of defendant denying a motion for rehearing pursuant to Section 20, Article V of the Motor Carriers Act, as amended, C.L.S.1961, § 479.20 (Stat.Ann.1968 Cum.Supp. § 22.585). The circuit court entered a judgment dismissing plaintiff's complaint upon a motion by the intervening defendant pursuant to GCR 1963, 209.1. Plaintiff appealed to this Court.

On a review of the statute, we find that the complaint was properly dismissed. The attempted appeal from the defendant's order was not made within the thirty-day statutory period. Veterans Airport Service, Inc. v. Public Service Commission (1967), 5 Mich.App. 602, 147 N.W.2d 455. Furthermore, there was no adequate basis for determining the questions presented to the circuit court as required by the statute.

Affirmed.