Public Convenience And Necessity

453 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Colonial Refrigerated Transp., Inc. v. United States & the Interstate Commerce Comm'n
  555 F.2d 1265· 5th Cir.· 1977-07-15 ·cited 2×
  The court held that the ICC's denial of the gateway elimination application was arbitrary and capricious, warranting remand for reconsideration with additional evidence.
• Alleghany Corp. v. United States
  554 F.2d 615· 3d Cir.· 1977-04-27 ·cited 2×
  The dissenting judge believes the case should be remanded because the ICC failed to clearly define the 'lenient standard' it applied, preventing meaningful judicial review.
• A-1 BUS Lines, Inc. v. Bevis
  330 So. 2d 1· Fla.· 1976-03-24 ·cited 2×
  The court held that A-l Bus Lines failed to provide competent and substantial evidence of public convenience and necessity for its proposed sightseeing tour.
• Am. Sightseeing Tours, Inc. v. Mayo
  326 So. 2d 168· Fla.· 1976-01-21 ·cited 2×
  The court held that the Public Service Commission's order granting an extension of a certificate of public convenience and necessity was not a departure from the essential requirements of law.
• Wells Fargo Armored Serv. Corp. of Fla. v. Bevis
  320 So. 2d 813· Fla.· 1975-10-15 ·cited 2×
  Wells Fargo and Brink's challenged Public Service Commission orders granting authority to S & B Messenger Service to transport valuables in Dade and Broward Counties. The Florida Supreme Court quashed the orders because evidence supporting S & B's application was derived from una
• State OF Me. v. Civil Aeronautics Bd.
  520 F.2d 1240· 1st Cir.· 1975-08-13 ·cited 2×
  The court held that the Civil Aeronautics Board improperly deleted municipalities from an airline's certificate without adequately considering the public interest in a suspension/substitution arrangement.
• The Utah Agencies v. Civil Aeronautics Bd.
  504 F.2d 1232· 10th Cir.· 1974-10-21 ·cited 2×
  The court held that the Civil Aeronautics Board did not abuse its discretion in denying expedited hearings and interim exemption authority, as the statutory criteria were not met and the Board acted within its broad discretionary powers.
• McTYRE v. Bevis
  300 So. 2d 1· Fla.· 1974-07-31 ·cited 2×
  The Florida Supreme Court reviewed a Public Service Commission order denying a trucking company's application to remove vehicle restrictions from its certificate. The Court held that evidence of past unauthorized operations cannot establish public convenience and necessity, and r
• In re the Cent. R.R. Co. OF NEW Jersey
  486 F.2d 1124· 3d Cir.· 1973-09-20 ·cited 2×
  A reorganization court has the authority to protect its jurisdiction by precluding review of abandonment orders in any other district court, especially when the affected party failed to appeal prior relevant orders.
• Bowling Green-Warren Cnty. Airport Bd. v. Civil Aeronautics Bd.
  479 F.2d 553· 6th Cir.· 1973-06-01 ·cited 2×
  The court held that the Civil Aeronautics Board's decision to delete Bowling Green from Eastern Air Lines' certificate was supported by substantial evidence and within the Board's discretion.
• Tex. Int'l Airlines, Inc. v. Civil Aeronautics Bd.
  444 F.2d 969· D.C. Cir.· 1971-04-30 ·cited 2×
  The court held that the Civil Aeronautics Board did not violate the Ashbacker doctrine by consolidating certain route applications while denying others, as all issues were litigated and comparative consideration was given.
• S. Fla. Freightways, Inc. v. Mayo
  238 So. 2d 70· Fla.· 1970-07-08 ·cited 2×
  The court held that the Florida Public Service Commission complied with statutory requirements and its decision was supported by competent, substantial evidence.
• Mohawk Airlines, Inc. v. Civil Aeronautics Bd.
  412 F.2d 8· 2d Cir.· 1969-06-05 ·cited 2×
  The court held that Mohawk Airlines was denied adequate notice that certain nonstop routes were at issue in the investigation, thus violating its Ashbacker rights and causing prejudice.
• Juarez GAS Co. v. Fed. Power Comm'n
  375 F.2d 595· D.C. Cir.· 1967-02-16 ·cited 2×
  The court held that the petitioner, a competitor, was erroneously denied the right to intervene in the Federal Power Commission proceedings.
• United AIR Lines, Inc. v. Civil Aeronautics Bd.
  371 F.2d 221· 7th Cir.· 1967-01-04 ·cited 2×
  The court held that the Civil Aeronautics Board did not abuse its discretion or abandon its statutory mandate by removing operating restrictions on air carriers serving the Detroit-California markets, as its decision was sufficiently attuned to the statutory factors for determini
• R.R. Transfer Serv., Inc. v. The City OF Chicago
  358 F.2d 55· 7th Cir.· 1966-03-10 ·cited 2×
  The court should reverse the order of dismissal because the city's ordinance provisions are not within its permissible regulatory authority.
• Commercial Carrier Corp. v. Mason
  177 So. 2d 337· Fla.· 1965-07-07 ·cited 2×
  Commercial Carrier Corporation and other existing cement carriers challenged a Florida Public Utilities Commission order granting McKenzie Tank Lines a certificate to transport bulk cement. The Florida Supreme Court held that the Commission violated established regulatory policy
• Ira F. Gadd v. Wash. Metro. Area Transit Comm'n
  347 F.2d 791· D.C. Cir.· 1965-06-03 ·cited 2×
  The court held that the Commission's findings denying petitioner's application for public convenience and necessity lacked substantial support in the evidence.
• Tropical Coach Lines, Inc. v. King
  147 So. 2d 318· Fla.· 1962-12-05 ·cited 2×
  The Florida Supreme Court quashed the Florida Railroad and Public Utilities Commission's order granting White Bus Company a certificate to operate school transportation services, finding that the Commission lacked sufficient statutory compliance because no proposed time schedule
• City OF Alexandria v. Chicago
  311 F.2d 7· 5th Cir.· 1962-11-30 ·cited 2×
  A city's enforcement of a paving lien against railroad property through execution and sale does not constitute an abandonment of a line of railroad under the Interstate Commerce Act, absent evidence of the railroad's intent to abandon operations.
• Cent. Truck Lines, Inc. v. King
  143 So. 2d 477· Fla.· 1962-07-27 ·cited 2×
  Central Truck Lines and M.R. & R. Trucking challenged the Florida Railroad and Public Utilities Commission's grant of a certificate of private contract carriage to William Hill for specialized, expedited delivery of a magazine section. The Court upheld the Commission's order, fin
• Greyhound Corp. v. Carter
  131 So. 2d 735· Fla.· 1961-06-21 ·cited 2×
  Greyhound Corporation sought to discontinue bus service schedules between Cedar Key and Gainesville, Florida. The Florida Railroad and Public Utilities Commission denied the petition, and the Florida Supreme Court upheld that denial, holding that the carrier failed to meet its bu
• Se. Aviation, Inc. v. Civil Aeronautics Bd.
  283 F.2d 189· D.C. Cir.· 1960-09-22 ·cited 2×
  The court held that the Civil Aeronautics Board's order granting air routes to Southern Airways was supported by substantial evidence and was not arbitrary, affirming the Board's decision.
• Alaska Airlines, Inc. v. Civil Aeronautics Bd.
  285 F.2d 672· D.C. Cir.· 1960-07-08 ·cited 2×
  The court held that the Civil Aeronautics Board's action was a modification, not a revocation, of Alaska Airlines' certificate, and was permissible if required by public convenience and necessity.
• Braniff Airways v. Civil Aeronautics Bd.
  277 F.2d 334· D.C. Cir.· 1960-03-11 ·cited 2×
  The court held that substantial evidence supported the Civil Aeronautics Board's finding that public convenience and necessity required authorizing Continental to duplicate Braniff's non-stop service.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  247 F.2d 327· 5th Cir.· 1957-07-19 ·cited 2×
  The court held that the Civil Aeronautics Board's orders granting temporary certificates for air express, mail, and intra-area service to cargo carriers were supported by adequate findings and substantial evidence.
• Hagan v. King
  82 So. 2d 592· Fla.· 1955-09-16 ·cited 2×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's refusal to approve the transfer of a motor carrier certificate from its holder to the petitioners and the requested change in domicile from Tampa to Lakeland. The court held that the Commission had au
• United Gas Pipe Line Co. v. Fed. Power Comm'n
  220 F.2d 706· 5th Cir.· 1955-03-25 ·cited 2×
  The court held that the Federal Power Commission correctly determined that United Gas Pipe Line Company could not apply a higher commodity rate to gas acquired through an exchange agreement with Texas Eastern, as the filed rate schedule specifically applied to 'surplus gas purcha
• McJunkin v. R.R. Comm'n
  122 Fla. 402· Fla.· 1936-01-20 ·cited 2×
  McJunkin, operating a bus and truck service under contract with the Seaboard Air Line Railway Company, challenged a Railroad Commission order authorizing the railroad to operate competing motor vehicle service on the same route. The Florida Supreme Court upheld the order, finding
• Louisville & Nashville R.R. Co. v. Matthews
  104 Fla. 603· Fla.· 1932-03-31 ·cited 2×
  The Florida Supreme Court upheld the Railroad Commissioners' grant of a certificate to Union Bus Company to operate night bus service between Jacksonville and Marianna, finding substantial competent evidence supported the commissioners' determination that public convenience and n
• D. C. Transit Sys., Inc. v. Wash. Metro. Area Transit Comm'n
  359 F.2d 420· 4th Cir.· 1966-04-06 ·cited 1×
  The court held that the Commission's certification of WMA Transit did not infringe upon D.C. Transit's exclusive franchise within the District of Columbia.
• Andersen v. Mason
  184 So. 2d 177· Fla.· 1966-03-09 ·cited 1×
  The Florida Supreme Court quashed an order of the Public Utilities Commission granting a certificate of public convenience and necessity because the order failed to contain sufficient findings of fact to support its conclusion. The court held that an administrative order must inc
• Ryder Truck Lines, Inc. v. King
  155 So. 2d 540· Fla.· 1963-07-24 ·cited 1×
  The court held that the Commission's order lacked essential findings of fact to support its conclusion, requiring reconsideration.
• Fla. Gas Transmission Co., LLC v. +/- 1.211 Acres of Land in Charlotte Cnty.
  M.D. Fla.· 2023-12-18
  The court held that Florida Gas Transmission Company, LLC (FGT) has the federal power of eminent domain to condemn easements necessary for its pipeline relocation project and granted FGT immediate possession via preliminary injunction.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n & United States
  999 F.2d 574· D.C. Cir.· 1993-07-30
  The court upheld the ICC's decision to approve the lease of a railroad line to a non-carrier subsidiary under 49 U.S.C. § 10901, finding the subsidiary was formed for legitimate business reasons to avoid administrative delay, not to evade labor protection, and that no exceptional
• The City OF Mesa v. Fed. Energy Regulatory Comm'n
  993 F.2d 888· D.C. Cir.· 1993-05-25
  The court held that the FERC's interpretation of NGPA § 401, excluding capacity constraint curtailments of unbundled transportation service, is reasonable, but remanded the NGA claim for insufficient explanation of consumer protection.
• Nat'l Fuel GAS Supply Corp. v. Fed. Energy Regulatory Comm'n
  909 F.2d 1519· D.C. Cir.· 1990-08-07
  The court held that the Commission exceeded its authority under § 7 of the Natural Gas Act by conditioning a certificate for off-system sales upon the acceptance of a blanket transportation certificate. The court also vacated as moot the Commission's order reopening a rate procee
• Futurex Indus., Inc. v. Interstate Commerce Comm'n & United States
  897 F.2d 866· 7th Cir.· 1990-03-05
  The court held that the Interstate Commerce Commission (ICC) did not err in granting an exemption for the abandonment of a rail segment, as the segmentation analysis was proper and the objectors failed to demonstrate inefficiency in rerouting or abuse of market power.
• United States v. Yero
  439 F.2d 634· S.D. Fla.· 1988-09-09
• NEW Mexico Navajo Ranchers Ass'n v. Interstate Commerce Comm'n & United States
  850 F.2d 729· D.C. Cir.· 1988-06-21
  The court affirmed the Commission's decision to grant authority to Star Lake for construction, despite concerns about the process and projections.
• G.I. Trucking Co. v. The United States & the Interstate Commerce Comm'n
  708 F.2d 1421· 9th Cir.· 1983-06-22
  The court held that the Interstate Commerce Commission erred by failing to consider foreign reciprocity as a relevant factor when granting a certificate to a Mexican carrier.
• Turner Bros. Trucking Co., Inc. v. Interstate Commerce Comm'n & United States
  709 F.2d 1351· 10th Cir.· 1983-06-20
  The court affirmed the Interstate Commerce Commission's decision granting permanent authorization to transport equipment used in petroleum production, finding the ICC acted within its discretion and in accordance with applicable law.
• State OF Mich. Dep't OF Transp. v. Interstate Commerce Comm'n & United States
  698 F.2d 277· 6th Cir.· 1983-01-21
  The court held that the Interstate Commerce Commission's decision to permit the abandonment of a railroad car ferry route was supported by substantial evidence and that the Commission acted within its statutory authority and discretion.
• Greyhound Lines, Inc. v. Interstate Commerce Comm'n & United States
  667 F.2d 151· D.C. Cir.· 1981-10-09
  The court held that the Interstate Commerce Commission's (ICC) finding of public convenience and necessity was supported by substantial evidence and not arbitrary, capricious, or an abuse of discretion, specifically approving the use of adoption testimony.
• W. Airlines, Inc. v. Civil Aeronautics Bd.
  648 F.2d 744· D.C. Cir.· 1981-04-08
  The court held that the Civil Aeronautics Board's decision assigning air routes was not arbitrary, capricious, or unsupported by substantial evidence, as the Board considered relevant factors beyond just competition.
• Momsen Trucking Co. v. Interstate Commerce Comm'n & United States
  638 F.2d 69· 8th Cir.· 1981-01-28
  The court enforced the ICC's order granting motor common carrier authority to Cargo, Inc., finding the decision supported by evidence and rational judgment.
• Graves Truck Line, Inc. v. Interstate Commerce Comm'n & United States
  637 F.2d 757· 10th Cir.· 1980-12-12
  The court held that the Interstate Commerce Commission had jurisdiction to issue a Certificate of Registration to Winters Truck Line, Inc. under 49 U.S.C. § 10931 because Winters was a single-state carrier at the time the Kansas Corporation Commission granted its application.
• Nebraska-Iowa Xpress, Inc. v. Interstate Commerce Comm'n & the United States
  646 F.2d 597· D.C. Cir.· 1980-10-24
  The court held that the Commission's decision to grant Film Transport's application to remove a weight restriction was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Executive Limousine Serv., Inc. v. The Honorable Neil E. Goldschmidt
  628 F.2d 115· D.C. Cir.· 1980-04-04
  The court held that the Washington Metropolitan Area Transit Commission (WMATC) has primary authority to certify carriers for ground transportation from Dulles Airport, and the FAA must contract with WMATC-certified carriers.
• Application of United Parcel Serv., Inc.
  49 Fla. Supp. 96· Fla. P.S.C.· 1979-05-15
  The Florida Public Service Commission granted United Parcel Service's application to remove the restriction in its Certificate No. 1017 that prohibited intra-Dade County package transportation. The Commission found that public convenience and necessity supported removing the rest