Court of Appeals of Oregon, 1977

Belmore v. Davis

Belmore v. Davis
Court of Appeals of Oregon · Decided October 4, 1977 · Johnson, Richardson, Schwab
31 Or. App. 115; 569 P.2d 709; 1977 Ore. App. LEXIS 1893

Belmore v. Davis

Opinion of the Court

PER CURIAM.

Petitioner appeals from a circuit court decree affirming an order of the Public Utility Commissioner cancelling his motor carrier certificate. The circuit court concluded:

"(1) The Commissioner’s finding of fact that there had been an unauthorized transfer of plaintiffs motor carrier certificate, in violation of ORS 767.186, is supported by substantial evidence;
"(2) The Commissioner’s conclusion that 'neither Belmore nor others have lawfully transported property authorized by the certificate for a substantial period of time,’ and his conclusion that 'the present owners of the motor carrier are operating without a proper certificate of authority,’ are reasonable and lawful;
"(3) The Commissioner’s conclusion that continued operation was against the public interest, such that plaintiffs certificate should be cancelled under ORS 767.190, was reasonable and lawful;

We concur.

Affirmed.

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