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In re Application Golden Plains Services Transportation, Inc.

Supreme Court of Nebraska

April 28, 2016

In re Application Golden Plains Services Transportation, Inc., doing business as GPS Transportation, appellee,
v.
Happy Cab Company, doing business as Happy Cab Company, Checker Cab Company, and Yellow Cab Company, et al., appellants.

1.Public Service Commission: Appeal and Error. Under Neb. Rev. Stat. § 75-136(2) (Cum. Supp. 2014), an appellate court reviews an order of the Nebraska Public Service Commission de novo on the record.

2. Appeal and Error. In a review de novo on the record, an appellate court reappraises the evidence as presented by the record and reaches its own independent conclusions concerning the matters at issue.

3.Evidence: Proof. It is the burden of the proponent of the evidence to establish the relevancy of the evidence it seeks to introduce.

Appeal from the Public Service Commission. Affirmed.

Andrew S. Pollock, Tara Tesmer Paulson, and Halley A. Kruse, of Rembolt Ludtke, L.L.P., for appellants.

Jack L. Shultz and Adam J. Prochaska, of O'Neill, Heinrich, Damkroger, Bergmeyer & Shultz, P.C., L.L.O., for appellee.

Heavican, C.J., Wright, Connolly, Miller-Lerman, Cassel, Stacy, and Kelch, JJ.

Heavican, CJ.

INTRODUCTION

Golden Plains Services Transportation, Inc. (GPS), operated as a common carrier under an open class "Certificate of Public Convenience and Necessity" granted by the Nebraska Public Service Commission (PSC). GPS sought to amend its certificate so that it could transport passengers from one point in Lancaster County to another point in Lancaster County. Happy Cab Company; DonMark, Inc.; and Valor Transportation Company (collectively the Omaha cab companies) objected. Following a hearing, the PSC granted GPS' application. The Omaha cab companies appeal.

At issue before the PSC and now on appeal is whether GPS was fit, willing, and able to properly perform the service proposed in its application. We affirm.

BACKGROUND

GPS filed an application with the PSC on July 23, 2014, seeking to modify its authority by (1) removing the restriction for point-to-point service within Lancaster County and (2) amending the restriction relating to operation in areas where other cab companies hold a certificate or permit.

On August 13, 2014, the Omaha cab companies filed a protest to GPS' application. In that protest, the Omaha cab companies argued both that there was no need for the service which GPS intended to offer and that GPS was not able to adequately provide that service. On August 28, another provider, Transport Plus of Lincoln, ...


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