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DURANGO TRANSP. v. PUBLIC UTILITIES COM'N

No. 04SA391.

122 P.3d 244 (2005)

DURANGO TRANSPORTATION, INC., Plaintiff-Appellant. v. COLORADO PUBLIC UTILITIES COMMISSION and DSC Purgatory, LLC, d/b/a Mountain Transport, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 24, 2005.

Attorney(s) appearing for the Case

Cage Williams Abelman & Layden, Mark W. Williams, Christian H. Hendrickson, Denver, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Mark Valentine, Assistant Attorney General, Paul Gomez, First Assistant Attorney General, State Services Section, Denver, for Defendant-Appellee Colorado Public Utilities Commission.

Duke Eggleston, General Counsel, Durango, Abel, Band, Russell, Collier, Pitchford & Gordon, Steven H. Denman, Sarasota, FL, for Defendant-Appellee DSC/Purgatory, LLC, d/b/a Mountain Transport.

RICE, Justice.

Appellant Durango Transportation, Inc. (DTI) appeals the judgment of the district court affirming the decision of appellee Public Utilities Commission (Commission) that granted exceptions to the Recommended Decision of the Administrative Law Judge (ALJ) and granted an Application for an Extension of Certificate of Public Convenience and Necessity to appellee, DSC Purgatory, LLC, doing business as Durango Mountain Resort (DMR).1

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