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MILE HIGH CAB, INC. v. CO PUC

Supreme Court Case No. 11SA312.

302 P.3d 241 (2013)

2013 CO 26

MILE HIGH CAB, INC., a Colorado corporation, Petitioner-Appellant, v. COLORADO PUBLIC UTILITIES COMMISSION, Respondent-Appellee, and SuperShuttle International Denver, Inc.; and Colorado Cab Company, LLC, d/b/a Denver Yellow Cab and/or Boulder Yellow Cab and/or Boulder SuperShuttle and/or Boulder Airporter and/or Boulder Airport Shuttle and/or Boulder Express Shuttle; and MKBS, LLC, d/b/a Metro Taxi and/or South Suburban Taxi, Intervenors.

Supreme Court of Colorado.

April 22, 2013.

Attorney(s) appearing for the Case

Attorneys for Petitioner-Appellant: Law Office of Prof. Thomas D. Russell, Ph.D., LLC, Professor Thomas D. Russell , Ph.D., Denver, Colorado, Institute for Justice, William H. Mellor , Robert J. McNamara , Dana Berliner , Arlington, Virginia.

Attorneys for Respondent-Appellee: John W. Suthers , Attorney General, Mariya Cassin , Assistant Attorney General, Denver, Colorado.

Attorneys for Intervenors SuperShuttle International Denver, Inc.; and Colorado Cab Company, LLC, d/b/a Denver Yellow Cab and/or Boulder Yellow Cab and/or Boulder SuperShuttle and/or Boulder Airporter and/or Boulder Airport Shuttle and/or Boulder Express Shuttle: Dufford & Brown, P.C., Richard L. Fanyo , Richard L. Corbetta , Mark T. Valentine , Denver, Colorado.

Attorneys for Intervenor MKBS, LLC, d/b/a Metro Taxi and/or South Suburban Taxi: Harris Karstaedt Jamison & Powers P.C., Christopher M. Gorman , Robert W. Harris , Englewood, Colorado.

En Banc

JUSTICE COATS delivered the Opinion of the Court.

¶ 1 Mile High Cab appealed directly to this court, pursuant to section 40-6-115(5), C.R.S. (2012), from the judgment of the district court affirming the denial of its application for a Certificate of Public Convenience and Necessity. After a lengthy hearing, which included expert testimony both for and against the application, the administrative law judge to whom the application had been assigned issued a recommended...

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