Blue Bus Co. v. Public Utilities Commission

Ohio Supreme Court
Blue Bus Co. v. Public Utilities Commission, 5 Ohio Law. Abs. 155 (Ohio 1927)
Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson

Blue Bus Co. v. Public Utilities Commission

Opinion of the Court

MARSHALL, C. J.

1. Where the public utilities commission has authorized a motor bus operation but neglected at the time to make a formal order- or to issue the certificate, such hearing and determination constitutes the exercise of administrative -discretion and the formal order can be entered at a later daté. The omission to issue the certificate does not avoid the proceedings and the ministerial act of such issuance can likewise be performed at a later date.

2. Alleged irregularities and technical defects in the proceedings for the authorization and issuance of a certificate of convenience and necessity for a motor bus operation cannot be challenged by a protestant in a hearing for transfer of such certificate but must be brought to the attention of the commission in a separate proceeding upon complaint filed and five *157days notice thereof to the holder of such certificate and hearing thereon.

Order affirmed.

Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., .concur.

Reference

Full Case Name
The Blue Bus Co. v. Public Utilities Commission
Status
Published