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CHRIS HUNT WATER HAULING CONTR. v. KANSAS CORP.

No. 57,254

10 Kan. App. 2d 612 (1985)

706 P.2d 825

CHRIS HUNT WATER HAULING CONTRACTOR, INC., et al., Appellees, v. STATE CORPORATION COMMISSION of the State of Kansas, Appellant.

Court of Appeals of Kansas.

Opinion filed September 26, 1985.

Attorney(s) appearing for the Case

John Jay Rosacker, assistant general counsel, State Corporation Commission, of Topeka, for the appellant.

William B. Barker, of Topeka, for the appellees.

Before PARKS, P.J., REES, J., and JEROME HARMAN, C.J. Retired, assigned.

PARKS, J.:

The Kansas Corporation Commission (KCC) granted a certificate of convenience and necessity to the Phoenix Trucking Company (Phoenix). The parties who opposed issuance of the certificate, which included Chris Hunt Water Hauling, appealed to the Kearny County District Court pursuant to K.S.A. 66-118d. The district court vacated the KCC action as unreasonable and unlawful and the KCC appeals.

Phoenix is a motor common carrier in the business of hauling...

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